When you’re hurt on the job in Texas, you have a right to seek compensation for your losses. If your employer subscribes to the Texas workers’ compensation system, you can file a workers’ comp claim, which will cover your medical bills and lost wages.
It’s critical, though, that you rely on an experienced Texas workers’ compensation attorney, as even a seemingly insignificant error can delay or derail your claim. Missed deadlines, inconsistent reports, or trusting the insurance adjuster too early can all lead to the wrongful denial of a legitimate claim.
This guide explains the most common workers’ compensation claim mistakes and how a Texas work injury lawyer can help you correct or appeal them before it’s too late.
Mistake 1 - Missing the 30-Day Injury Reporting Deadline
Texas law gives you 30 days from the date of a workplace injury to notify your employer (Texas Labor Code §409.001). Waiting even a day longer can result in denial of your claim.
Many employees wait to report an injury because they think it will go away or because they don’t want to cause problems at work. But even a minor back or shoulder injury can worsen over time — and if you miss that 30-day window, your claim may be dismissed outright.
Mistake 2 - Failing to File Your Claim with the DWC on Time
After notifying your employer, you must still file DWC Form-041 with the Texas Division of Workers’ Compensation within one year of the injury. If you fail to meet that deadline, you will likely lose your right to recover workers’ compensation benefits.
An attorney can ensure the form is filed correctly, confirm receipt by the DWC, and keep you compliant with every state deadline.
Mistake 3 - Giving Inconsistent or Incomplete Medical Information
Insurance companies regularly search for inconsistencies in your claim. Don’t be surprised to learn that the work comp insurance company has hired a private detective to watch and follow you. Be honest and specific every time you describe your injury. Include details about how it happened, what body parts were affected, and how it impacts your work.
A Texas work injury lawyer can coordinate directly with your treating doctors, making sure your medical documentation is consistent and complete before the insurer reviews your file.
Mistake 4 - Accepting the Insurance Adjuster’s Version of Events
After you file a claim, an adjuster from your employer’s insurance company will typically contact you. Remember that the insurer has an incentive to minimize any payout they make to you. For that reason, they may downplay your injuries, misquote your statements, or pressure you into signing documents that negatively affect your claim.
Never give a recorded statement or sign anything without legal advice. Once you do, it becomes difficult to challenge at a later date.
Mistake 5 - Returning to Work Too Soon
Financial stress makes many Texans eager to get back to work quickly. Returning before you’re medically cleared, though, can jeopardize your health and give the insurer ammunition to deny further treatment.
If your doctor hasn’t cleared you for full duty, don’t let an employer or adjuster push you back early. A lawyer can help you get an official work status report and protect your medical and wage benefits until you’re really ready to return.
Mistake 6 - Failing to Appeal the Denial of a Claim
A denial letter doesn’t mean that you are without recourse. Many workers’ comp cases are reversed on appeal when handled properly.
Texas has a multi-step appeal process through the Division of Workers’ Compensation (DWC) that includes:
- Benefit Review Conference (BRC) – an informal meeting to discuss the dispute
- Contested Case Hearing (CCH) – a formal hearing before an administrative law judge
- Appeals Panel Review – a final DWC review if the decision remains disputed
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Get Help Fixing or Appealing Your Texas Workers’ Comp Claim
At The Law Offices of Bailey & Galyen, we help injured Texans fix and appeal workers’ compensation claims that were delayed or denied. Our attorneys know how insurance companies operate — and how to fight back. Whether you missed a deadline, got conflicting medical notes, or received a denial letter, we can help you set things right.
For a confidential consultation, call Bailey & Galyen at 844-402-2992 or contact us online. Our phones are answered 24/7 — because your recovery can’t wait. Se habla español.
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