Employee Responsibilities

An injured employee has legal responsibilities he or she must meet to establish a claim for compensation. These include:

1. Notifying the employer within 30 days.
The injured employee must notify supervisory or management personnel about an on-the-job injury not later than the 30th day after the injury occurs, or if the injury is an occupational disease, not later than the 30th day after the employee knew or should have known that the disease might be related to the employment.

2. Filing a claim within one year.

The injured employee must file with the Texas Department of Insurance, Division of Workers’ Compensation (DWC), a claim for compensation (DWC-41), not later than one year after the date of injury, or if the injury is an occupational disease, not later than one year after the employee knew or should have known that the disease was related to the employment. The DWC-41 is sent to the injured employee by DWC upon notification of claim.

3. Providing a written statement for work-related exposure to communicable diseases.

HIV Rule 122.4:
For the purposes of qualifying for workers’ compensation benefits, the law requires that an employee who claims a possible work-related exposure to HIV infection must provide a written statement of the date and circumstances of the exposure. The law also requires the employee to document that, within 10 days after the date of the exposure, the employee is tested for HIV.

Communicable Diseases Rule 122.3:

This section applies only to emergency responders. For the purposes of qualifying for workers’ compensation benefits, if the employee is an emergency responder, he/she must provide the employer with a sworn affidavit of the date and circumstances of the exposure. The law also requires the employee to document that, within 10 days after the date of the exposure, the employee is tested for the communicable disease.