Homepage Blank Texas Dwc041 Form
Outline

When an employee suffers a work-related injury or develops an occupational disease, navigating the claims process can feel overwhelming. One essential step in this journey is completing the Texas DWC041 form, which serves as the Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease. This form must be filed by the injured worker or someone acting on their behalf within a year of the incident or when the employee becomes aware that their condition may be work-related. The DWC041 form collects vital information, including the injured employee’s personal details, the specifics of the injury or disease, and information about the employer and the treating doctor. Completing this form accurately is crucial, as it initiates the workers' compensation claim process, allowing the Division of Workers’ Compensation to establish a claim number and inform both the employee and employer about the next steps. Understanding the importance of this form and how to fill it out can significantly impact the outcome of a claim, ensuring that injured employees receive the benefits they deserve.

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

Form Information

Fact Name Details
Form Purpose The Texas DWC041 form is used to file a claim for workers' compensation benefits for a work-related injury or occupational disease.
Filing Deadline A claim must be filed within one year of the injury or within one year from when the employee knew or should have known the injury may be work-related.
Governing Laws This form is governed by the Texas Labor Code, specifically Chapter 410, which outlines workers' compensation procedures.
Submission Address Completed forms should be sent to the Texas Department of Insurance, Division of Workers’ Compensation, 7551 Metro Center Dr. Ste.100, MS-94, Austin, TX 78744-1609.
Contact Information For assistance, call the Texas Division of Workers’ Compensation at (800) 252-7031.

Detailed Guide for Filling Out Texas Dwc041

Completing the Texas DWC041 form is essential for filing a claim related to a work-related injury or occupational disease. After submitting the form, the Division of Workers' Compensation will process your claim and provide you with a claim number. They will also notify your employer and their insurance carrier regarding your claim.

  1. Obtain the Texas DWC041 form from the Texas Department of Insurance website or your local Division Field Office.
  2. Fill in your personal information in the "Injured Employee Information" section. Include your name, Social Security number, date of birth, address, phone number, email address, sex, race/ethnicity, marital status, and whether you have legal representation.
  3. Indicate your work status by checking the appropriate box (Regular or Restricted) and provide the date you returned to work, if applicable.
  4. Provide details about your injury in the "Injury Information" section. Include the date and time of the injury, the first workday missed, and when you reported the injury to your employer.
  5. Describe the location of the injury, including the county, state, and country. If the accident occurred outside Texas, provide the date you left Texas.
  6. List any witnesses to the injury by name and describe the cause of your injury or occupational disease, including how it is work-related.
  7. If applicable, provide information about the occupational disease, including the date of last exposure and when you first knew it was work-related.
  8. Fill in the "Employer Information" section with your employer's name, address, phone number, and supervisor's name at the time of the injury.
  9. In the "Doctor Information" section, provide the name and contact information of your treating doctor and the name of your workers’ compensation healthcare network, if applicable.
  10. Sign and date the form, either as the injured employee or as a person filling it out on their behalf. Include your printed name.
  11. Review the completed form for accuracy and completeness before submission.
  12. Send the completed form to the address provided: Texas Department of Insurance, Division of Workers’ Compensation, 7551 Metro Center Dr. Ste.100, MS-94, Austin, TX 78744-1609.

Obtain Answers on Texas Dwc041

  1. What is the Texas DWC041 form?

    The Texas DWC041 form is a claim form for workers' compensation benefits. It is specifically designed for employees who have suffered a work-related injury or occupational disease. The form must be completed by the injured employee or a representative and submitted to the Texas Department of Insurance, Division of Workers’ Compensation.

  2. Who can file the DWC041 form?

    The DWC041 form can be filed by the injured employee or by someone acting on their behalf. It must be submitted within one year of the injury date or within one year from when the employee knew or should have known that the injury or disease was work-related.

  3. What information is required on the form?

    The form requires several pieces of information, including:

    • Injured employee's personal details (name, Social Security number, date of birth, address, etc.)
    • Details about the injury (date, time, cause, and affected body parts)
    • Employer information at the time of injury
    • Treating doctor information
  4. Where should I send the completed DWC041 form?

    The completed form should be sent to the following address:

    Texas Department of Insurance
    Division of Workers’ Compensation
    Records Processing
    7551 Metro Center Dr. Ste. 100 • MS-94
    Austin, TX 78744-1609
  5. What happens after I submit the DWC041 form?

    Once the Division receives your completed DWC041 form, they will create a claim and assign a DWC claim number. They will also send you information regarding workers' compensation in Texas and notify your employer and their insurance carrier about your claim.

Common mistakes

Filling out the Texas DWC041 form can be a straightforward process, but there are common mistakes that individuals often make, which can lead to delays or complications in their claims. One significant mistake is not providing complete information. Each section of the form requires specific details, such as the employee's name, Social Security number, and injury information. If any of these fields are left blank or filled out incorrectly, it can hinder the processing of the claim.

Another frequent error is failing to report the injury within the specified time frame. According to the guidelines, a claim must be filed within one year of the injury or when the employee knew or should have known the injury was work-related. Missing this deadline can result in the claim being denied, regardless of the circumstances surrounding the injury.

Additionally, some individuals overlook the importance of providing accurate employer information. This includes the name, address, and phone number of the employer at the time of the injury. If this information is incorrect or incomplete, it may lead to confusion or delays in communication between the Division of Workers’ Compensation and the employer, ultimately affecting the claim's outcome.

Finally, many people forget to sign the form or provide their printed name. The signature is a crucial part of the submission process, as it verifies that the information provided is accurate and that the individual filing the claim understands the implications of their submission. Without a signature, the form may be considered incomplete and could be returned, causing further delays.

Documents used along the form

When filing a claim for workers' compensation in Texas using the DWC041 form, several other documents may also be necessary to support the claim process. These forms help to provide additional information about the injury, the employer, and the medical treatment involved. Below is a list of commonly used forms alongside the DWC041.

  • DWC Form-042: This is the "Employer's First Report of Injury or Illness." It must be completed by the employer to report the injury to the Division of Workers’ Compensation. This form includes details about the employee, the injury, and the circumstances surrounding the incident.
  • DWC Form-053: Known as the "Employee's Notice of Injury," this form is used by the employee to formally notify the employer about the injury. It ensures that the employer is aware of the injury and can take necessary actions regarding workers' compensation.
  • DWC Form-041A: This form is the "Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease - Additional Information." It allows the employee to provide further details or clarify information already submitted in the DWC041 form.
  • DWC Form-073: This is the "Request for Medical Records." It is used to obtain medical documentation relevant to the employee's injury or illness. Medical records are essential for substantiating the claim and ensuring appropriate treatment.
  • DWC Form-066: This form is the "Certification of Compliance with Workers' Compensation Insurance Coverage." It is used by employers to certify that they have the required workers' compensation insurance coverage at the time of the injury.
  • DWC Form-007: This is the "Notice of Denial of Workers' Compensation Claim." If the claim is denied, this form is issued by the insurance carrier to inform the employee of the denial and the reasons behind it.
  • DWC Form-045: Known as the "Request for Benefit Review Conference," this form is used when there is a dispute regarding the claim. It allows the employee to request a formal review of the benefits being claimed or denied.

These forms and documents play a critical role in the workers' compensation process in Texas. Properly completing and submitting them can help ensure that claims are processed efficiently and that injured employees receive the benefits they are entitled to. Always consult with a professional if there are questions about which forms are necessary or how to complete them accurately.

Similar forms

The Texas DWC041 form, which is the Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease, has several similar documents in the realm of workers' compensation and injury claims. Each of these documents serves a distinct purpose but shares commonalities in their structure and function. Below is a list of six documents that are comparable to the DWC041 form:

  • California DWC Form 1: This form is used for filing a claim for workers' compensation benefits in California. Like the DWC041, it requires information about the injured employee, the nature of the injury, and employer details.
  • Florida Employee's Claim for Compensation: In Florida, this form is similar in that it allows employees to report work-related injuries. Both forms require the employee's personal information and details about the injury, including the date and circumstances.
  • New York C-3 Form: The C-3 form is used in New York for filing a claim for workers' compensation benefits. It parallels the DWC041 by necessitating information about the employee, the injury, and the employer, ensuring that all relevant details are captured for processing the claim.
  • Illinois Application for Adjustment of Claim: This form is used to initiate a workers' compensation claim in Illinois. Similar to the DWC041, it collects information about the injured worker, the incident, and the employer, facilitating the claims process.
  • Pennsylvania Employee's Claim Petition: In Pennsylvania, this document allows employees to file for workers' compensation benefits. Like the DWC041, it requires comprehensive details about the employee, the injury, and the employer, ensuring a thorough submission.
  • Ohio Workers' Compensation Claim Form: This form is utilized in Ohio for reporting work-related injuries. It shares similarities with the DWC041 by requiring personal information, injury details, and employer information, making it essential for processing claims efficiently.

Each of these forms plays a crucial role in the workers' compensation system, ensuring that injured employees can effectively seek the benefits they deserve. Understanding the similarities among these documents can help individuals navigate the complexities of filing a claim in different states.

Dos and Don'ts

When completing the Texas DWC041 form, it is essential to approach the task with care and attention to detail. Below is a list of important dos and don'ts to consider.

  • Do fill out all sections of the form completely.
  • Do provide accurate information regarding your injury and employment.
  • Do include your contact information for follow-up purposes.
  • Do submit the form within one year of the injury or when you became aware of the work-related nature of your condition.
  • Do contact the Division of Workers’ Compensation if you have any questions.
  • Don't leave any sections blank; incomplete forms can delay your claim.
  • Don't provide false information or exaggerate your injury.
  • Don't forget to sign and date the form before submission.
  • Don't wait too long to file; timely submission is crucial.
  • Don't hesitate to seek assistance if you are unsure about how to complete the form.

By adhering to these guidelines, you can help ensure that your claim is processed smoothly and efficiently.

Misconceptions

Misconceptions about the Texas DWC041 form can lead to confusion when filing a workers' compensation claim. Here are eight common misconceptions clarified:

  • Misconception 1: The DWC041 form can be submitted at any time.
  • This is incorrect. The form must be filed within one year of the injury or when the employee knew or should have known the injury was work-related.

  • Misconception 2: Only the injured employee can file the form.
  • While the injured employee should file, a representative can act on their behalf if necessary.

  • Misconception 3: The form is optional for filing a claim.
  • The DWC041 form is required to initiate a workers' compensation claim in Texas.

  • Misconception 4: Providing incomplete information on the form is acceptable.
  • All sections of the DWC041 must be completed. Incomplete forms may delay the processing of the claim.

  • Misconception 5: Filing the DWC041 guarantees approval of the claim.
  • Filing the form does not guarantee that the claim will be approved. The claim will be evaluated based on the information provided and other factors.

  • Misconception 6: The employer will automatically receive a copy of the form.
  • The Division will notify the employer once the form is processed, but it is not automatically sent to them upon submission.

  • Misconception 7: You cannot change information after submitting the form.
  • If any information needs to be corrected after submission, you can request changes through the Division.

  • Misconception 8: The DWC041 form is only for physical injuries.
  • The form can also be used for claims related to occupational diseases, which may arise from repetitive activities or exposure to harmful substances at work.

Key takeaways

Filling out the Texas DWC041 form is an important step in filing a workers' compensation claim. Here are some key takeaways to help you navigate the process:

  • Timeliness is crucial. You must submit the form within one year of your injury or when you became aware that your condition may be work-related.
  • Complete all sections. Ensure every box on the form is filled out accurately to avoid delays in processing your claim.
  • Provide detailed injury information. Clearly describe how the injury occurred and specify the body parts affected.
  • Include employer details. Fill in the name and address of your employer at the time of the injury, as this information is essential for processing your claim.
  • List your treating doctor. If you have a workers' compensation doctor, include their name and contact information on the form.
  • Understand the definitions. Know the difference between an injury (a specific incident) and an occupational disease (a condition developed over time due to work-related activities).
  • Contact support if needed. If you have questions while filling out the form, don’t hesitate to reach out to the local Division Field Office at 1-800-252-7031.
  • Keep a copy for your records. Always retain a copy of the completed form for your own documentation and reference.

By following these takeaways, you can ensure a smoother process in filing your claim and receiving the benefits you may be entitled to.