How long do I have to file a claim?

You have 1 year from date of injury to file a formal workers' compensation claim [§ 409.003].

What if my employer does not have insurance?

If your employer is required to carry workers' compensation insurance and fails to do so, they may face penalties and you may still be able to recover benefits through the state.

Do I need an attorney to file a claim?

While an attorney is not required, having legal representation can be especially helpful if your claim is disputed or involves complex medical issues.

What if I was partially at fault for my injury?

Workers' compensation is a no-fault system. In most cases, benefits are available regardless of who caused the accident.

Topic guideUpdated 2026-02-27

Filing a Workers' Comp Claim in Texas — Steps & Deadlines

Q: How do I report a workplace injury?

You must notify your employer within Employee must notify employer within 30 days of injury (§ 409.001); employer must report to its insurance carrier within 8 days of knowledge of injury, and the carrier must file with the division within 7 days (§ 409.005) [§ 409.001]. Written notice is recommended to create a clear record.

How to report a workplace injury, file a workers' compensation claim, and meet deadlines in Texas.

Filing a workers' compensation claim in Texas involves specific steps and deadlines that must be followed carefully.

Step 1: Report the Injury

You must report your workplace injury to your employer within Employee must notify employer within 30 days of injury (§ 409.001); employer must report to its insurance carrier within 8 days of knowledge of injury, and the carrier must file with the division within 7 days (§ 409.005) §409.001. Written notice is always recommended even if verbal notice is given.

⚠Failure to give timely notice can be used by the employer or insurer as grounds to deny your claim.

Step 2: Get Medical Treatment

Employee selects treating doctor from the DWC-approved doctor list §408.022. Make sure to:

Tell the doctor your injury is work-related

Follow the treatment plan completely

Keep copies of all medical records and bills

Report any work restrictions to your employer

Step 3: File the Formal Claim

You have 1 year from date of injury to file a formal claim §409.003. Benefit Review Conference (BRC) for informal resolution, then Contested Case Hearing (CCH) before a hearing officer at DWC §410.021.

Step 4: Investigation and Response

After filing, the employer's insurer will investigate the claim. They may accept, partially accept, or deny the claim. If denied, you have the right to request a hearing.

What Happens at a Hearing?

Benefit Review Conference (BRC) for informal resolution, then Contested Case Hearing (CCH) before a hearing officer at DWC §410.021. Appeal to the DWC Appeals Panel, then to district court for judicial review.

✓An experienced workers' compensation attorney can significantly improve your chances of a successful claim, especially if the claim is denied or disputed.

Prepare for Your Consultation

Quick checklist (Workers’ Compensation)

Gather these before your first consultation.

Incident report

(employer report, date/time of injury)

Medical records

(doctor visits, diagnoses, treatment plans)

Wage documentation

(pay stubs, tax returns, employment records)

General preparation tips only. Specific needs depend on your state and claim type.

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Common Questions

Frequently Asked Questions

General answers to common questions. Specific outcomes depend on your facts and timing.

If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.

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Texas Workers' Comp Benefits — TTD, PPD & Medical Coverage

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Denied Workers' Comp Claims in Texas — Your Options

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Legal authoritiesStatutes referenced on this page

Tex. Lab. Code § 409.001

Employer Notice Requirement

Employee must report workplace injury within Employee must notify employer within 30 days of injury (§ 409.001); employer must report to its insurance carrier within 8 days of knowledge of injury, and the carrier must file with the division within 7 days (§ 409.005).

Employee must notify employer within 30 days of injury (§ 409.001); employer must report to its insurance carrier within 8 days of knowledge of injury, and the carrier must file with the division within 7 days (§ 409.005)

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Verified 2026-07-29 · quarterly review

Tex. Lab. Code § 409.003

Claim Filing Deadline

Formal claim must be filed within 1 year from date of injury.