Workers Compensation FAQs

Download DWC Form-053

Download DWC Form-048

Download Form: DWC Form-045

Download Form: DWC Form-041

Call 800-252-7031, option 1 to speak to a customer assistant

Call TDI Safety Violations Hotline at 800-452-9595 to report safety issues.

Report the injury or illness to your employer. DWC will send you a packet with these documents:

• Notice of injury letter (CS-41)
• DWC Form-041, Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease
• Injured employee rights and responsibilities
• Return-to-work information
• Injured employee checklist

If you don’t get a packet or need help with your claim, call DWC at 800-252-7031, option 1.

The number for the Texas Workers Compensation Phone Number can be found on the Texas Workers Compensation website.

https://www.tdi.texas.gov/wc/employee/index.html

Need help with your claim? Call 800-252-7031, option 1.

Workers’ compensation is an insurance program run by the state of Texas that provides pay and medical benefits to employees who have a work-related injury or illness. Most Texas employers provide workers’ compensation insurance, but if yours doesn’t you can still get benefits from the state.

No, an insurance carrier will not pay you in advance if you have been injured on the job.

Workers’ compensation in Texas does not cover the following:

• Intentionally self-inflicted injuries.
• Injuries that are self-inflicted, but not intentional.
• Injuries resulting from crimes.
• Injuries resulting from intentional, nonwork-related activity or intoxication.
• Injuries incurred while under the influence of drugs or alcohol and engaged in a nonwork-related activity.
• Injuries incurred while engaging in horseplay, playing sports, or acting.
• Injuries incurred while engaging in combat.
• Injuries that are the result of seeking employment in another jurisdiction.
• Injuries resulting from an injury on the job during or outside regular work hours.
• Injuries incurred while engaging in prostitution.
• Injuries incurred while engaging in piracy, sabotage, or other illegal activity.
• Injuries incurred while engaging in gambling.

Workers Comp settlement checks are usually posted within 15 to 21 days after a case has been finalized. However, in rare circumstances, checks may take up to 45 days to process.

Most insurance companies require that you visit a licensed workers’ compensation doctor within 30 days of injury to get approval for work.

In Texas, an employee can be on workers’ compensation for up to two years.

No, in most cases. You can voluntarily resign from a job without penalty, but you cannot actually be terminated until there is a written notice of termination. If you have been “constructively” discharged, you may be eligible for unemployment benefits.

To file a workers’ compensation claim in Texas, you must report the injury within 30 days of it occurring.

If an injured worker refuses to submit to a drug test, it will be assumed that drugs or alcohol were the cause of the injury. This is because drug and alcohol use can impair judgment and lead to accidents. If the worker is found guilty of causing the injury while under the influence, they may face serious legal consequences.

New workers can sometimes have pre-existing conditions, habits, and limitations in functions. These limitations may be detected early so you have the proper information to determine if the employee is fit for work. In addition, Americana Injury provides drug screening, complete blood testing, alcohol testing, EKG, Fittest, and Functional Capacity for pre-employment care.