What happens if i don't file for workers' compensation?
If you don’t report a Texas work injury to your employer within 30 days of the injury, the workers’ compensation Insurance Company (insurer) generally has the right to deny your benefits claim. If this happens and they prevail, neither the employer nor insurer will end up being responsible for covering any of your medical costs or for paying disability benefits if more than 30 days pass without a report of the injury to the employer. Different rules may apply for an occupational disease or repetitive injury.
According to the Texas Labor Code sections addressing workers’ compensation procedures, failure to report will result in a denial of benefits unless:
● The employer, the insurer or anyone eligible to receive notice of a work injury has actual knowledge that the injury happened.
● The Division of Workers’ Compensation determines that “good cause” exists for the injured employee’s failure to report the injury in a timely manner.
● The employer or the workers’ compensation insurer does not contest the claim and agrees to provide benefits even though the injured worker did not meet the deadline.
It can be difficult to show that you had a good cause for a delay in reporting an illness or injury. If you want to try to argue for coverage even when you have missed the deadline, you need to speak with an experienced workers’ compensation lawyer who can help you to make a compelling and thoughtful appeal.
According to the Texas Labor Code sections addressing workers’ compensation procedures, failure to report will result in a denial of benefits unless:
● The employer, the insurer or anyone eligible to receive notice of a work injury has actual knowledge that the injury happened.
● The Division of Workers’ Compensation determines that “good cause” exists for the injured employee’s failure to report the injury in a timely manner.
● The employer or the workers’ compensation insurer does not contest the claim and agrees to provide benefits even though the injured worker did not meet the deadline.
It can be difficult to show that you had a good cause for a delay in reporting an illness or injury. If you want to try to argue for coverage even when you have missed the deadline, you need to speak with an experienced workers’ compensation lawyer who can help you to make a compelling and thoughtful appeal.
If you still have any questions, feel free to contact us. We are happy to assist you by phone, text, or email.
