We Help Injured Workers Fight for Their Rights and Get Their Benefits
Accidents can happen anywhere, including the workplace. When they do, there are processes the injured worker must follow to ensure they do not jeopardize their compensation claim. You must know when state or federal law applies and if your industry has particular guidelines for filing claims.
However, you don’t have to do this alone, as our workplace accident lawyers at Terry Bryant Accident & Injury Law can help you file the claim. We know the applicable laws and how the Texas legal system works and will not relent until we get a favorable outcome.
Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 to speak with one of our attorneys.
Why Choose the Legal Team at Terry Bryant Accident and Injury Law?
Terry Bryant Accident & Injury Law has been in the business of helping injured workers for more than 35 years. As a result, we understand how complex these types of accident claims can be and what to do to get a favorable outcome. Our lawyers are diligent and hardworking and take a personalized approach to every case we handle.
We are a trusted and experienced law firm with a strong reputation in the community and have won over $1 billion in settlements.
We provide legal advice and representation based on your case facts and commit our resources to get you a favorable outcome. We have 98% positive ratings from our clients, and Mr. Bryant is not only Board Certified in Personal Injury Trial Law (by the Texas Board of Legal Specialization), but he is also a former judge. Also, we offer free case reviews, so call us now at (713) 973-8888.
What Causes Workplace Accidents in Texas?
No matter your occupation, you might get into a workplace accident and suffer injuries. According to the Bureau of Labor Statistics, the private sector recorded 2.2 million cases of non-fatal injuries nationwide in 2021, an increase from 2.1 million cases in 2020. Also, Texas is one of the states with the highest number of occupational injuries and fatalities in the U.S.
After a workplace accident, get medical treatment, document your injuries and how the incident happened, and contact our workers’ compensation lawyers.
How To File Workplace Accidents Claim in Texas
After a workplace accident, you may be entitled to compensation for your injuries. If you are, and your employer subscribes to traditional Texas workers’ compensation, you can file a compensation claim with your employer or the Texas Department of Insurance Division of Workers’ Compensation.
Filing a Workplace Accident Claim With the Division of Workers’ Compensation (DWC)
After sustaining an injury from a workplace accident, the first thing to do is file a report with your employer. Do this within 30 days of the accident or 30 days from when you realize your injury is related to your job. Failing to file a report within 30 days might keep you from getting benefits.
After filing the report, send a copy of a completed DWC Form-041, Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease, to the DWC. The form must be sent within one year from when the accident happened. You can call the DWC within a week or two after filing the report to ensure they have it.
Filing a Workplace Accident Claim Against Your Employer and Third Parties
Texas is one of the states where private-sector employers are not required to carry workers’ compensation insurance. So, if your employer is not insured against workplace accidents (a “nonsubscriber”), you cannot file a claim with the DWC. In such an instance, you can bring an action against your employer by filing a lawsuit.
Whether you’re filing a claim with your employer or third parties, our Terry Bryant Accident & Injury Law work injury attorneys can help.
Also, there are cases where a workplace accident involves a third party, such as the property owner where your employer conducts business, the equipment manufacturer, etc. Whether the claim is against your employer or a third party, here’s how to file a workplace accident claim:
Inform your employer of the accident and the injury sustained
Get medical treatment
Gather evidence on how the accident happened and the impact of your injuries
File a lawsuit with the help of our work injury lawyers
Your chances of winning a lawsuit against your employer or third parties are easier with legal representation. So, do not hesitate to get one.
FAQs about How To File a Workplace Accident Claim in Texas
Getting injured at work means dealing with medical bills and lack of income while you are unable to work. So, it’s not uncommon to have questions about the claims process. Here are some of the questions we get frequently:
What Will My Compensation for a Workplace Accident Cover?
Workers’ comp benefits will cover your medical expenses and a percentage of lost wages when you are away from work. If you file a lawsuit, you may be entitled to non-economic damages as well, for pain and suffering.
How Long Do I Have to File a Workplace Accident Claim in Texas?
For claims with the DWC, you have one year to file a claim, while the statute of limitations for lawsuits is two years. Missing this timeline means you cannot get compensation. For nonsubscriber and third party negligence-based claims, you generaly have two years. (*However, for the exact deadlines that apply to your potential claims, always speak directly to an attorney.)
Can My Employer Fire Me for Filing a Workplace Accident Claim?
No. An employer cannot retaliate against an injured worker for filing a claim. If you are terminated or otherwise retaliated against, hire a lawyer as soon as possible to protect your rights.
Must I Hire a Workers’ Compensation Lawyer for My Workers’ Comp Claim?
No. Hiring a workers’ comp lawyer is not mandatory, but it is prudent to protect your rights and ensure you get your settlement/benefits.
How Can Our Workplace Accident Lawyers Help You?
Our legal team at Terry Bryant Accident & Injury Law will carefully examine your case to determine where to file the claim. We will investigate the accident facts and gather evidence to support your case.
Also, we will file the lawsuit against your employer and/or third parties and argue your case in court. Furthermore, we will explain the legal process and keep you updated every step of the way.
Were You Injured in a Workplace Accident? Let Us Represent You!
Our legal team at Terry Bryant Accident & Injury Law has recorded significant success in workplace accident claims. We will use our experience and legal knowledge to handle your case and get you a favorable outcome. Contact us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for your free and confidential case review.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
WORK INJURY
Results
$1.72 million
Net to Client
Plaintiff had low back surgery as a result of a refinery explosion.
$1.32 million
Net to Client
Maritime incident resulting in the death of dock worker.
Through free giveaways, scholarships, donations, and volunteer activities, we support the academic goals of students in our communities, and the charitable initiatives of nonprofits and community organizations.
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ 
