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Fill Your Texas Dwc041 Form

The Texas DWC041 form is a crucial document for employees seeking compensation for work-related injuries or occupational diseases. This form must be completed and submitted by the injured employee or their representative within one year of the injury or when they first became aware of the work-related nature of their condition. Properly filling out this form is essential to initiate the claims process and secure the necessary benefits.

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Dos and Don'ts

When filling out the Texas DWC041 form, there are several important considerations to keep in mind. Here’s a list of things you should and shouldn’t do to ensure your application is processed smoothly.

  • Do: Complete all sections of the form thoroughly. Every box must be filled out to avoid delays.
  • Do: Provide accurate information about your injury, including dates and details. This helps in establishing your claim.
  • Do: Include your employer's information at the time of the injury. This is crucial for processing your claim.
  • Do: Check the appropriate work status box to indicate if you have returned to work and under what conditions.
  • Do: Reach out to the Texas Department of Insurance if you have any questions about the form or the claims process.
  • Don't: Leave any sections blank. Incomplete forms can lead to delays or denials.
  • Don't: Provide false information or exaggerate details. This can jeopardize your claim.
  • Don't: Forget to sign and date the form. An unsigned form will not be processed.
  • Don't: Submit the form without making a copy for your records. Keeping a copy is important for your reference.
  • Don't: Hesitate to ask for help if you are unsure about how to fill out any part of the form.

By following these guidelines, you can help ensure that your claim is handled efficiently and effectively.

Sample - Texas Dwc041 Form

T e x a s De pa rt m e nt Of I nsura nc e

Division of Workers’ Compensation

Records Processing

7551 Metro Center Dr. Ste.100 MS-94 Austin, TX 78744-1609

(800) 252-7031 (512) 804-4378 fax www.tdi.state.tx.us

DWC Claim#

Carrier Claim#

äSend the completed form to this address.

Employee's Claim for Compensation for a Work-Related Injury

or Occupational Disease (DWC Form-041)

Claim for workers’ compensation must be filed by the injured employee or by a person acting on the injured employee’s behalf within one year of the date of injury or within one year from the date the injured employee knew or should have known the injury or disease may be work-related.

I. INJURED EMPLOYEE INFORMATION

 

Name (First, Middle, Last )

 

 

 

 

 

 

 

 

 

 

 

 

Social Security Number

 

 

 

Date of birth (mm / dd / yyyy)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address (street, city/town, state, zip code, county, country)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Phone Number

 

 

 

 

 

 

 

 

 

E-Mail address

 

 

 

 

 

 

 

 

 

Sex

Male

Female

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Race / Ethnicity

White, not of Hispanic Origin

Black, not of Hispanic Origin

Hispanic

Asian or Pacific Islander

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

 

 

If no, specify language

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Do you speak English?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Married

 

Widowed

 

 

 

 

Separated

 

 

Single

Divorced

 

 

 

 

 

 

 

 

Marital status

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Do you have an attorney or other representation?

Yes

No

If yes, name of representative

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Have you returned to work?

Yes

 

 

No

 

If returned to work, date returned (mm/dd/yyyy)

 

Work status

Regular

Restricted

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Occupation at time of injury

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date of hire (mm / dd / yyyy)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hired or recruited in Texas

 

Yes

No

 

 

Pre-tax wages (at the time of injury)

$

 

 

hourly

weekly

monthly

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

II. INJURY INFORMATION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I am reporting an

injury or

occupational disease

 

 

Date of injury (mm / dd / yyyy)

 

 

 

Time of injury

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

First work day missed (mm / dd / yyyy)

 

 

 

 

 

 

 

 

 

Date injury was reported to the employer (mm / dd / yyyy)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Where did the injury occur? County

 

 

 

 

 

 

 

 

State

 

 

 

Country

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If accident occurred outside of Texas, on what date did you leave Texas? (mm/dd/yyyy)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Witness(es) to the injury (list by name)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Describe cause of injury or occupational disease, including how it is work related

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Body part(s) affected by the injury

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If injury is the result of an occupational disease:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. On what date was the employee last exposed to the cause of the occupational disease? (mm / dd / yyyy)

 

 

 

 

 

2. When did you first know occupational disease was work related? (mm / dd / yyyy)

 

 

 

 

 

 

 

 

 

 

 

III. EMPLOYER INFORMATION (at the time of injury)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employer name

 

 

 

 

 

 

 

 

 

 

 

 

Employer address (street, city/town, state, zip code, county, country)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employer phone number

 

 

 

 

 

 

 

 

 

 

Supervisor name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IV. DOCTOR INFORMATION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of treating doctor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Phone number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address (street, city/town, state, zip code)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of workers’ compensation health care network, if any

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature of injured employee or person filling out this form on behalf of injured employee

 

 

 

Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Printed name of injured employee or person filling out form on behalf of injured employee

 

 

 

 

 

 

 

 

 

 

 

DWC041 Rev. 03/07

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Information about Employee's Claim for Compensation for a Work-Related

Injury or Occupational Disease (DWC Form-041)

A claim for Workers' Compensation benefits must be filed with the Division of Workers’ Compensation (Division) by the injured employee (you), or by a person acting on the injured employee's (your) behalf within one year of the injury or within one year from the date you knew or should have known the injury or disease may be work related; UNLESS good cause exists for the failure to timely file a claim, or the employer or the employer's insurance carrier does not contest the claim.

Upon receipt of your completed DWC Form-041, or other notice of your injury, the Division will create a claim and establish a DWC claim number for you, and the Division will mail information regarding workers’ compensation in Texas to you. The Division will also notify your employer and the employer’s workers’ compensation insurance carrier.

SPECIAL INSTRUCTIONS AND INFORMATION FOR COMPLETING THE DWC Form-041

General Instructions

Complete all boxes in the DWC Form-041.

If you have questions about completing this form, please call your local Division Field Office at 1-800-252-7031.

Injured Employee Information

Work Status information

oIf you have returned to your regular job and you are performing the same duties as you were before your injury,

check the “Regular” box.

oIf you have been released to work with restrictions by a doctor, check “Restricted.”

Injury Information

An injury is damage to your body that was caused by a single incident, accident, or event.

An occupational disease is an illness or injury related to or caused by the work you do, and may include injuries to your body that are the result of repetitive activities you performed on the job over a period of time.

Employer Information

Provide information about your employer at the time you were injured.

Doctor Information

If you already have a workers’ compensation treating doctor, provide the name and address of the doctor.

If you are covered under a workers’ compensation healthcare network, provide the name of the network.

Contacting Texas Department of Insurance, Division of Workers’ Compensation

If you have questions about filling out this form or workers’ compensation in Texas, please call your local Division Field Office at 1-800-252-7031.

NOTE: With few exceptions, you are entitled, on request, to be informed about the information that the Division collects or maintains about you and your workers’ compensation claim. Under §552.021 and 552.023 of the Texas Government Code, you are entitled to receive and review the information. Under §559.004 of the Texas Government Code you are entitled to have the Division correct information the Division creates about you or your workers’ compensation claim that is incorrect. For more information, call the Division’s Open Records section at 512-804-4437.

DWC041 Rev. 03/07

Instructions

More PDF Templates

Documents used along the form

The Texas DWC041 form is a crucial document for employees seeking compensation for work-related injuries or occupational diseases. However, it is often accompanied by several other forms and documents that play an important role in the claims process. Below is a list of related documents that may be necessary for a comprehensive claim submission.

  • DWC Form-042: Employer's First Report of Injury - This form is submitted by the employer to report an injury to the Division of Workers’ Compensation. It provides essential details about the incident, including the circumstances and the employee's status at the time of the injury.
  • DWC Form-053: Notice of Employee's Injury or Death - This document serves as a formal notification to the employer about an employee's injury or death. It is crucial for ensuring that all parties are aware of the situation and can take appropriate action.
  • DWC Form-073: Request for Medical Records - Employees may need to provide medical records to support their claims. This form allows the injured employee to request necessary medical documentation from healthcare providers.
  • DWC Form-041A: Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease (Supplemental) - This supplemental form is used to provide additional information or updates regarding the initial claim, especially if there are changes in the employee's condition or circumstances.
  • DWC Form-005: Employee's Notice of Injury - This form allows the employee to formally notify their employer about the injury. Timely submission can help ensure that the claim is processed without unnecessary delays.
  • DWC Form-006: Claim for Additional Compensation - If an employee believes they are entitled to additional compensation after the initial claim has been filed, this form is used to request a review and potential adjustment of benefits.

Understanding these additional forms can significantly streamline the claims process and ensure that all necessary information is provided to the Division of Workers’ Compensation. Proper documentation not only aids in the swift processing of claims but also helps protect the rights of the injured employee.

Common mistakes

When filling out the Texas DWC041 form, individuals often make several common mistakes that can delay the processing of their claims. One frequent error is leaving sections incomplete. The form requires detailed information, including the injured employee's name, Social Security number, and date of birth. Omitting any of these details can lead to significant delays in processing the claim. Ensuring that all boxes are filled out completely is essential for a smooth submission.

Another mistake involves providing inaccurate information regarding the injury. For example, when describing the cause of the injury or the body parts affected, individuals may not provide enough detail. This lack of clarity can result in confusion or misunderstandings about the nature of the injury. It is crucial to be as specific as possible, as this information helps establish the connection between the injury and the employee's work environment.

Additionally, some people fail to include the correct dates related to their injury. The form asks for the date of injury, the date it was reported to the employer, and the first workday missed. If these dates are incorrect or inconsistent with one another, it can complicate the review process. Accuracy in these dates is vital, as they help determine the timeline of events surrounding the claim.

Lastly, individuals sometimes neglect to provide information about their treating doctor or the workers’ compensation healthcare network, if applicable. This information is necessary for the Division of Workers’ Compensation to understand the medical context of the claim. Failing to include the name and contact details of the treating doctor can lead to delays in obtaining medical records or further information needed to process the claim. Providing complete and accurate information from the outset can help streamline the claims process.

Misconceptions

  • Misconception 1: The DWC041 form can be submitted at any time after an injury.
  • This form must be filed within one year of the date of injury or within one year from when the injured employee knew or should have known the injury was work-related. Delays beyond this timeframe may result in the denial of the claim.

  • Misconception 2: Only the injured employee can fill out the DWC041 form.
  • A person acting on behalf of the injured employee can also complete this form. This allows for support if the injured individual is unable to do so themselves.

  • Misconception 3: All fields on the DWC041 form are optional.
  • It is important to complete all sections of the form. Missing information can lead to delays in processing the claim or even denial.

  • Misconception 4: Submitting the DWC041 form guarantees approval of the claim.
  • Filing the form does not guarantee that benefits will be awarded. The claim will be evaluated based on the circumstances of the injury and other relevant factors.

  • Misconception 5: The DWC041 form is only for physical injuries.
  • This form can also be used for claims related to occupational diseases, which may develop over time due to workplace conditions or repetitive activities.

  • Misconception 6: The form must be submitted in person.
  • The completed DWC041 form can be sent via mail or fax to the appropriate address. This provides flexibility for the injured employee or their representative.

Key takeaways

Filling out the Texas DWC041 form is an important step for employees seeking compensation for work-related injuries or occupational diseases. Here are key takeaways to consider:

  • Timeliness is crucial. The claim must be filed within one year of the injury date or when the employee knew or should have known the injury was work-related.
  • Complete all sections. Ensure that every box on the form is filled out to avoid delays in processing.
  • Provide accurate personal information. This includes the employee's name, Social Security number, and contact details.
  • Document the injury details. Include the date, time, and location of the injury, as well as any witnesses.
  • Clarify work status. Indicate whether the employee has returned to work and, if so, whether it is regular or restricted duties.
  • Include employer information. Provide the name and contact details of the employer at the time of the injury.
  • List medical providers. Include the name and contact information of the treating doctor and any workers' compensation healthcare network.
  • Seek assistance if needed. Contact the local Division Field Office at 1-800-252-7031 for help with completing the form.
  • Understand your rights. Employees are entitled to access information the Division collects about their claim.
  • Submit the form correctly. Send the completed DWC041 form to the specified address to ensure it is processed.

Following these guidelines will help facilitate the claims process and ensure that all necessary information is provided for consideration.

File Characteristics

Fact Name Details
Form Purpose The DWC041 form is used for employees to claim compensation for work-related injuries or occupational diseases.
Filing Deadline Claims must be filed within one year from the date of injury or from when the employee knew or should have known the injury was work-related.
Governing Law This form is governed by the Texas Workers' Compensation Act, specifically under Texas Labor Code § 409.003.
Submission Address Completed forms should be sent to the Texas Department of Insurance, Division of Workers’ Compensation at 7551 Metro Center Dr. Ste. 100, MS-94, Austin, TX 78744-1609.
Contact Information For questions, call the Division at (800) 252-7031 or (512) 804-4378.
Information Required The form requires details such as the employee's personal information, injury details, and employer information.
Claim Number Upon receipt of the DWC041 form, the Division will create a claim and assign a DWC claim number.

How to Use Texas Dwc041

After completing the Texas DWC041 form, it is essential to send it to the appropriate address. Ensure all sections are filled out accurately to avoid delays in processing your claim. The information provided will be used to establish your claim and notify relevant parties.

  1. Obtain the form: Download or print the Texas DWC041 form from the Texas Department of Insurance website.
  2. Fill out employee information: Enter your name, Social Security number, date of birth, address, phone number, email, sex, race/ethnicity, marital status, and whether you have an attorney.
  3. Provide work status: Indicate if you have returned to work, your occupation at the time of injury, date of hire, and pre-tax wages.
  4. Report injury details: Fill in the date and time of injury, the first workday missed, and when you reported the injury to your employer. Specify the location of the injury and any witnesses.
  5. Describe the injury: Explain how the injury occurred and the body parts affected. If applicable, provide details about the occupational disease.
  6. Employer information: Enter your employer's name, address, phone number, and supervisor's name at the time of injury.
  7. Doctor information: Include the name, phone number, and address of your treating doctor, as well as the name of any workers’ compensation health care network.
  8. Signature: Sign and date the form. If someone else is filling it out on your behalf, they should also print their name and sign.
  9. Submit the form: Send the completed form to the address provided on the form: Texas Department of Insurance, Division of Workers’ Compensation, 7551 Metro Center Dr. Ste. 100, MS-94, Austin, TX 78744-1609.