Is my employer the one that needs to file a Workers Comp claim for me?

ByChristopher Le

Is my employer required to file a workers compensation claim for me?

The employer certainly SHOULD file a workers comp claim for you, but they are NOT REQUIRED to do so. So although, morally speaking, they should put in a workers comp claim for you and notify the workmans comp insurance of your injury, they do not have to do so. Some employers will file a claim for you, while others may not. Its best to just file a claim form on your end. You can do this by submitting a DWC-41 form with your local Division of Workers Compensation office. A better way is to hire a lawyer to file your claim for you. Its also important to note that you must file this DWC 41 claim form within 1 year from the date of your injury. If you wait after 1 year to file your claim, you may be out of luck at that point.

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Christopher Le is the Founder of the Law Offices of Christopher Le. Born and raised in San Antonio, Texas, he became the first Vietnamese American in his family to become an Attorney. He takes pride in representing the working person against big insurance companies and feels that our system of justice guarantees equal rights to all citizens. He also fights for those who are no longer able to work due to a disabling condition file for social security disability benefits. Christopher comes from a hard working family who came to the United States with very little.