I was injured at work, what should I do?

Posted: Sep 8, 2014
Comments: 0

Assuming your employer carries workers’ compensation insurance, the first thing that must be done in every work related injury is that the injured employee must give notice of his injury within 30 days of the injury.  Notice must be given to a supervisor.  In addition, there is a requirement to file a notice of claim with the Division of Workers' Compensation on a DWC 41 within one year.  To litigate a work related injury in front of the Division of Workers' Compensation, an injured employee should be represented by an attorney.  There is a three step litigation process in front of the Division of Workers' Compensation.  The first is a Benefit Review Conference (BRC).  The BRC is an informal mediation.  If the issues cannot be resolved at the BRC.  The case is set for a Contested Case Hearing (CCH), which is a mini trial in front of an administrative law judge.  Following a CCH, a dissatisfied party can file an appeal in writing to the Appeals Panel of the Texas Workers’ Compensation Division.  After the Appeals Panel issues its decision and order, a dissatisfied party has 45 days to file a lawsuit in state district court.

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