What Should Employees Do in Case of a Workplace Accident?

A workplace accident in Texas can happen in seconds — but the steps you take in the hours and days that follow determine whether you receive full compensation or face a difficult uphill battle. Here is exactly what to do.

Step 1: Seek Medical Attention Immediately

Your health comes first — and getting prompt medical care also creates the official medical record that anchors your entire workers' comp claim. Workers' comp will likely cover all necessary medical treatment related to the work injury — including doctor visits, hospital stays, prescriptions, surgeries, and physical therapy or rehabilitation. Do not wait to see if symptoms improve on their own. Delaying treatment gives insurers grounds to argue the injury was not serious or was unrelated to the workplace event.

Step 2: Report the Injury to Your Employer Within 30 Days

Texas law sets a firm deadline for reporting workplace injuries — and missing it can cost you your claim entirely. If your employer subscribes to a workers' comp plan, you have 30 days after your accident to report your injury — and you must follow your report with a claim filed within one year of your accident. If you miss these deadlines, the insurer can deny your claim for workers' compensation in Texas. Report the injury in writing — not just verbally — and keep a copy of everything you submit.

Step 3: File Your Workers' Comp Claim With the DWC

Reporting to your employer is not the same as filing a formal claim. You can report your injury to DWC by filling out DWC Form-041, Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease — available online or by fax to DWC at 512-804-4378. Filing this form officially opens your claim with the state and triggers the insurance carrier's legal obligations to you.

Step 4: Know Your Rights if Your Employer Has No Coverage

Not every Texas employer carries workers' compensation — and your rights differ significantly depending on your employer's status. If an injury occurs in the workplace and the employer does not have workers' compensation insurance, the injured worker has the right to file a civil suit directly against the employer. This path can yield higher compensation — including pain and suffering — but typically takes longer than a standard workers' comp claim.

Step 5: Watch Out for Workers' Comp Scams

A new and rapidly growing threat is targeting injured Texas workers. Scammers are pretending to be from DWC or the courts — calling, emailing, or video-chatting and claiming you must pay money to receive workers' compensation benefits or settle a claim. This is a scam — you never have to pay to get your benefits in Texas. DWC and insurance carriers will never ask for money to release benefits. Contact the Texas Division of Workers' Compensation at 800-252-7031 with any questions or concerns about your claim.