Frequently asked questions
Pick a topic to see the questions injured Texas workers ask us most — each one opens to a full, plain-language answer written by our attorneys.
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01 The basics New to Texas workers' comp? Start here. ▸
Texas Workers’ Comp Overview
02 Reporting & coverage Reporting your injury and getting it covered. ▸
Reporting Your On-the-Job Injury
First Responder Presumptions: When the Law Assumes Your Illness Is Work-Related
Compensable Injuries in Texas Workers’ Comp Claims
Employees vs. Independent Contractors
The 30-Day Deadline to Report Your Injury
What to Say to Your Supervisor After a Work Injury
Missing the 30-Day Reporting Deadline
Reporting an Injury After You’ve Been Fired
03 Filing your claim Starting your claim the right way. ▸
Texas Workers’ Compensation Eligibility and Compensability
Filing A Texas Workers’ Compensation Claim
The First 72 Hours After a Work Injury
Workers’ Comp Across State Lines
The One-Year Deadline to File Your DWC Claim
Who Can File Your Claim on Your Behalf
Finding Out If Your Employer Has Workers’ Comp Coverage
04 Medical care Getting the treatment you need. ▸
Medical Care and Treatment in Texas Workers’ Comp
Types of Examinations in Texas Workers’ Comp
Repetitive Physical Trauma Injuries
Occupational Diseases
Work-Related PTSD Claims
Medical Benefits: What’s Covered and Who Pays
Finding a Treating Doctor in the Carrier’s Network
Choosing a Good Workers’ Comp Doctor in Texas
Changing Your Treating Doctor
Getting Referred to a Specialist
When the Carrier Refuses Surgery on an Accepted Claim
Choosing a Doctor Outside the Carrier’s Network
When Your Treating Doctor Seems Aligned With the Carrier
The Utilization Review Process
Prescriptions and the Pharmacy Closed Formulary
Your Right to Free Copies of Your Medical Records
Emergency Room Visits After a Work Injury
Required Medical Examinations
Functional Capacity Examinations
05 Income benefits Questions about your money. ▸
Income Benefits in Texas Workers’ Comp Claims
Temporary Income Benefits (TIBs)
Impairment Income Benefits (IIBs) in Texas Workers’ Compensation Claims
Supplemental Income Benefits (SIBs) in Texas Workers’ Compensation Claims
Lifetime Income Benefits (LIBs) in Texas Workers’ Compensation Claims
Death Benefits in Texas Workers’ Compensation Claims
Who can get death benefits after a workplace death?
Does workers' comp pay for burial expenses?
How long do death benefits last?
Do my son's death benefit checks stop at 18 years old?
Why is my check so much smaller than I was expecting?
Am I allowed to cash my son's death benefit checks?
Why do I have to fill out a guardianship affidavit every year to keep my kids' checks coming?
How do I get my husband's last paycheck after he died?
Average Weekly Wage in Texas Workers’ Compensation Claims
Comp Rate: Your Weekly Benefit Amount
When the Carrier Takes Money Back: Advances, Overpayments, and Recoupment
When Your Comp Checks Stop Coming
I'm not getting my comp checks. What can I do?
My checks stopped and nothing came in the mail. Does my case have a problem I don't know about?
The carrier says my check was mailed but I never got it. Why do I have to wait ten days?
The insurance company showed proof it paid me, but my account is empty. Who's right?
Proving Your SIBs Job Searches
Proving Your Common-Law Marriage After a Work Death
We never had a wedding. Am I still his wife for the death benefits?
The insurance company wants proof we were married. What counts when our whole life together was informal?
Why does the death certificate say he was never married, and how do I get that fixed?
His parents signed court papers saying he was single. Does that kill my claim?
AWW for Tipped Workers
AWW for Workers Less Than 13 Weeks Into the Job
AWW for Workers With Multiple Employers
Disability in Texas Workers’ Comp Claims
How Disability Is Determined
Work Injuries That Do Not Result in Disability
Disability While You’re Still Working
How Your Actions Can Affect a Disability Determination
Partial Temporary Income Benefits Based on Disability
Disability, Impairment, and Incapacity: Understanding the Differences
06 MMI & ratings Maximum medical improvement and impairment ratings. ▸
The Designated Doctor in Texas Workers’ Compensation
Maximum Medical Improvement in Texas Workers’ Compensation Claims
The Role and Authority of the Designated Doctor
The Designated Doctor Examination Process
Preparing for a Designated Doctor Examination
When the Designated Doctor Disagrees With Your Treating Doctor
Challenging a Designated Doctor’s Opinion
Impairment Ratings in Texas Workers’ Compensation
How Maximum Medical Improvement Is Determined
What Reaching Maximum Medical Improvement Means
Disputing a Maximum Medical Improvement Determination
The 90-Day Rule: When Your Impairment Rating Becomes Final
Statutory MMI: The 104-Week Clock on Temporary Benefits
Medical Treatment After Maximum Medical Improvement
07 Returning to work Going back to work — and the traps to watch for. ▸
Returning to Work After A Workers’ Comp Injury
When Your Employer Offers Light Duty: The Bona Fide Offer (BFOE)
Medical Clearance and Returning to Work
Returning to Work With Medical Restrictions
Evaluating a Light-Duty Job Offer
How Returning to Work Affects Your Benefits
When Your Employer Cannot Accommodate Your Work Restrictions
Returning to Work for a Different Employer
08 Carrier tactics When the insurance company pushes back. ▸
Common Claim Denials
Disputing Low Impairment Ratings in Texas Workers’ Compensation Cases
Course and Scope Defenses
The Coming-and-Going Rule: Injuries on the Way to Work
Traveling Employee Exceptions
Recreational and Social Activities: Company Parties and Team Events
The PLN-01 Full Denial: When the Carrier Denies Everything
The Intoxication Defense: When the Carrier Claims You Were Impaired
Income Benefits While Incarcerated
The Preexisting-Condition Defense
Aggravation vs. Natural Progression
Heart Attacks, Strokes, and Heat Illness at Work
Termination for Cause
Retirement
Extended Period Without Treatment
Extent-of-Injury Denials: When the Carrier Accepts Only Part of Your Injury
Volunteer Status
Farm & Ranch Exemptions
Personnel Action Defense
Stress of Ordinary Employment
09 Disputes & hearings When something has been denied. ▸
Dispute Resolution
Informal Resolution
Benefit Review Conferences
Contested Case Hearings
Administrative Appeals
Judicial Review
Settling Your Dispute at a Benefit Review Conference
Preparing for a Benefit Review Conference
What Happens at and After a Benefit Review Conference
Preparing for a Contested Case Hearing
What Happens During a Contested Case Hearing
After the Contested Case Hearing
Evidence That Can Help or Hurt Your Hearing
The IRO Review Process
10 Settlements Settling and resolving your claim. ▸
Settlements in Texas Workers’ Comp: What’s Allowed and What Isn’t
11 Your job & rights Your job, your rights, and retaliation. ▸
Quitting Your Job While You’re on Workers’ Comp
Your Employer’s Responsibilities After an Injury
What ADA Accommodations Do and Don’t Do Alongside a Comp Claim
When Your Employer Is Sold, Goes Bankrupt, or Closes
When Your Employer Puts You on Short-Term Disability Instead of Comp
FMLA Leave vs. Workers’ Comp Time Off
Unemployment Benefits and Workers’ Comp
How a Comp Claim Affects Your Employment, Privacy, and Future
When Your Employer Tries to Stop You From Filing
If Your Employer Never Filed an Incident Report
Getting Fired While on Workers’ Comp
12 Special claims Special, related, and non-standard claims. ▸
Related & Derivative Claims
The Exclusive Remedy Rule: Why You Usually Can’t Sue Your Employer
Non-Subscriber Work Injury Cases
Employer Retaliation in Texas Workers’ Compensation Cases
Federal Workers’ Compensation Claims
Defense Base Act Claims
Moving From Workers’ Comp to SSDI
Third Party Personal Injury Claims
Offshore Injuries: The Jones Act and Maritime Claims
13 Immigrant workers Workers' comp for immigrant and undocumented workers. ▸
Workers’ Comp for Immigrant & Undocumented Workers
Your Right to Workers’ Comp Regardless of Immigration Status
When Your Employer Threatens You Over Immigration Status
Filing Without a Social Security Number
Cash Wages and Proving Your Average Weekly Wage
When the Carrier Blames Your Immigration Status Instead of Your Injury
Immigration Status at Workers’ Comp Hearings
14 Old & reopened claims Long-running, old, and reopened claims. ▸
Old, Reopened, and Long-Running Claims
Reopening for Medical-Only After Income Benefits Are Exhausted
Transferring a Texas Claim to Another State After Moving
Re-Injury After Returning From a Prior Comp Claim
15 Who's who The people and agencies in your claim. ▸
The Adjuster
Beneficiaries
The Division of Workers’ Compensation (DWC)
The Office of Injured Employee Counsel (OIEC)
The Ombudsman
The Peer Review Doctor
Don't see your question?
If your situation isn't covered here, talk to one of our attorneys. The conversation is free, and we'll give you a straight answer.
These answers are general information, not legal advice. Every claim is different — for guidance on your situation, talk to one of our attorneys.