Get Dwc 041 Form

Get Dwc 041 Form

The DWC Form-041 is a crucial document used to file a claim for compensation due to a work-related injury or occupational disease in Texas. This form must be submitted by the injured employee or someone acting on their behalf within one year of the injury or when the employee became aware of the work-related nature of their condition. To ensure your claim is processed efficiently, fill out the form accurately and send it to the Texas Department of Insurance, Division of Workers’ Compensation.

If you're ready to fill out the DWC Form-041, click the button below.

Structure

The DWC Form-041 is a crucial document for individuals seeking compensation for work-related injuries or occupational diseases in Texas. This form, officially titled "Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease," must be completed and submitted by the injured employee or their representative within one year of the injury or the date the employee became aware of the work-related nature of their condition. The form gathers essential information about the injured employee, including personal details such as name, social security number, and contact information, as well as specifics about the injury itself, such as the date and time it occurred, the nature of the injury, and any witnesses present. Additionally, it requires information about the employer at the time of the injury and the treating doctor, if applicable. Completing the DWC Form-041 accurately is vital, as it initiates the claims process with the Texas Department of Insurance, Division of Workers’ Compensation. Upon receipt, the Division will assign a claim number and provide further information regarding workers' compensation in Texas. Timely and accurate submission of this form can significantly impact an injured employee's ability to receive benefits, underscoring the urgency of understanding and properly completing this important document.

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Texas Department Of Insurance

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.texas.gov

DWC Claim#

Carrier Claim#

Send 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

 

 

 

Page 1 of 1

 

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

Document Data

Fact Name Details
Purpose of the Form The DWC Form-041 is used by injured employees to file a claim for workers' compensation benefits for work-related injuries or occupational diseases.
Filing Deadline Claims must be filed within one year of the injury date or within one year from when the employee knew or should have known the injury or disease was work-related.
Governing Law This form is governed by the Texas Labor Code, specifically Chapter 410, which outlines the requirements for filing a workers' compensation claim in Texas.
Submission Information The completed form should be sent to the Texas Department of Insurance, Division of Workers' Compensation, at their Austin address.

How to Use Dwc 041

After completing the DWC Form-041, it is important to send the form to the Texas Department of Insurance, Division of Workers’ Compensation at the specified address. This step is crucial to ensure that your claim is processed. Below are the steps to fill out the form accurately.

  1. Enter your full name, including first, middle, and last names.
  2. Provide your Social Security Number.
  3. Fill in your date of birth in the format mm/dd/yyyy.
  4. Complete your address with street, city or town, state, zip code, county, and country.
  5. Input your phone number and email address.
  6. Select your sex by checking the appropriate box for Male or Female.
  7. Indicate your race or ethnicity by selecting one of the provided options.
  8. Specify if you speak English and, if not, indicate your preferred language.
  9. Choose your marital status from the options provided.
  10. State whether you have an attorney or other representation, and if yes, provide the name of the representative.
  11. Indicate if you have returned to work and, if so, enter the date returned.
  12. Provide your work status by selecting Regular or Restricted.
  13. Enter your occupation at the time of injury and the date of hire in mm/dd/yyyy format.
  14. Indicate if you were hired or recruited in Texas.
  15. Fill in your pre-tax wages at the time of injury.
  16. Report the date and time of your injury, including the first work day missed.
  17. Provide the date you reported the injury to your employer.
  18. Specify where the injury occurred, including county, state, and country.
  19. If the accident occurred outside of Texas, provide the date you left Texas.
  20. List the names of any witnesses to the injury.
  21. Describe the cause of your injury or occupational disease and how it is work-related.
  22. Identify the body part(s) affected by the injury.
  23. If applicable, provide the date of last exposure to the cause of the occupational disease and when you first knew it was work-related.
  24. Fill out your employer's name, address, and phone number at the time of injury.
  25. Provide the name of your supervisor.
  26. Enter the name and phone number of your treating doctor, along with their address.
  27. If you are part of a workers’ compensation health care network, include the name of the network.
  28. Sign and date the form, and print your name or the name of the person filling out the form on behalf of the injured employee.

Key Facts about Dwc 041

What is the DWC 041 form and when should it be filed?

The DWC 041 form, also known as the Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease, is a crucial document for employees who have suffered work-related injuries or illnesses. This form must be completed and submitted either by the injured employee or someone acting on their behalf. It is essential to file this claim within one year of the injury date or within one year from when the employee became aware that their condition might be work-related. Failing to file within this timeframe may result in the loss of the right to claim benefits unless there is a valid reason for the delay.

What information is required on the DWC 041 form?

The DWC 041 form requires several pieces of information to ensure that the claim can be processed efficiently. You will need to provide personal details such as your name, Social Security number, date of birth, and contact information. Additionally, details about the injury, including the date, time, and location of the incident, must be included. Information about your employer at the time of the injury and your treating doctor is also necessary. It’s important to fill out all sections completely to avoid delays in processing your claim.

What happens after I submit the DWC 041 form?

Once the Texas Department of Insurance, Division of Workers’ Compensation receives your completed DWC 041 form, they will create a claim for you and assign a DWC claim number. You will then receive information regarding workers' compensation in Texas. The Division will also notify your employer and their insurance carrier about the claim. This process is essential for ensuring that you receive the benefits to which you may be entitled.

Who can I contact if I have questions about the DWC 041 form?

If you have any questions about completing the DWC 041 form or about workers' compensation in Texas, you can reach out to your local Division Field Office at 1-800-252-7031. They are equipped to assist you with any inquiries and can provide guidance on the claims process. Additionally, if you need help understanding your rights regarding the information collected about you, the Division’s Open Records section can be contacted at 512-804-4437.

Common mistakes

Filling out the DWC Form-041 can be a straightforward process, but there are common mistakes that people often make. These errors can lead to delays or complications in processing claims. Awareness of these pitfalls can help ensure that the form is completed accurately and efficiently.

One frequent mistake is leaving sections of the form incomplete. Each box is essential for providing a complete picture of the claim. Missing information can result in the form being returned for corrections, which can slow down the claims process. It’s important to double-check that all required fields are filled in before submitting the form.

Another common error involves providing incorrect or outdated information. This can include an old address, incorrect Social Security number, or wrong dates related to the injury. Such inaccuracies can complicate the verification process and may lead to unnecessary delays. Always verify that the information is current and accurate.

People also sometimes fail to specify the correct work status. Indicating whether the employee has returned to work, and under what conditions, is crucial. Not selecting the appropriate status can create confusion about the claim and its validity. It is vital to select either "Regular" or "Restricted" based on the employee’s current work situation.

In addition, many individuals neglect to include details about their treating doctor. Providing the name and contact information of the treating physician is essential for the claims process. Without this information, the claims adjuster may struggle to obtain necessary medical records, which can further delay the claim.

Another mistake involves misunderstanding the definitions of injury and occupational disease. Some people may confuse these terms or fail to adequately describe the nature of their injury. It’s important to clearly articulate how the injury occurred and the specific body parts affected to ensure the claim is categorized correctly.

Lastly, some individuals forget to sign and date the form. A signature is a vital part of the process, as it confirms that the information provided is accurate to the best of the claimant's knowledge. Submitting the form without a signature can result in immediate rejection.

By being mindful of these common mistakes, individuals can significantly improve their chances of a smooth claims process. Attention to detail and thoroughness are key when filling out the DWC Form-041.

Documents used along the form

When filing a claim for workers' compensation in Texas, the DWC Form-041 is essential. However, there are several other forms and documents that are often used in conjunction with this form to ensure a smooth claims process. Below is a list of these documents, each with a brief description.

  • DWC Form-042: This form is used to notify the Division of Workers’ Compensation about an injured employee's return to work status. It helps in tracking the employee's recovery and work capabilities.
  • DWC Form-053: This document is a request for a benefit review conference. It is filed when there is a dispute regarding the benefits owed to the injured employee, allowing for a formal discussion to resolve the issue.
  • DWC Form-069: This form is used to report a change in the treating doctor. If an injured employee needs to switch doctors, this form ensures that the new doctor is recognized by the workers’ compensation system.
  • DWC Form-041A: This is a supplemental form that provides additional details about the injury or illness. It may include further medical information or specifics about the work environment that contributed to the injury.
  • Employer's Report of Injury: This report is completed by the employer to document the circumstances surrounding the injury. It is crucial for establishing the context of the claim and can impact the approval of benefits.

Using these forms in conjunction with the DWC Form-041 can help streamline the claims process and ensure that all necessary information is provided. If you have questions about any of these documents, consider reaching out to the Texas Department of Insurance or a qualified professional for assistance.

Similar forms

The DWC 041 form, used for filing a claim for workers' compensation in Texas, shares similarities with several other documents that serve various purposes in the realm of employment and injury claims. Below is a list of ten documents that are comparable to the DWC 041 form, highlighting their similarities.

  • Form I-9: This form is used by employers to verify an employee's identity and employment authorization. Like the DWC 041, it collects personal information and must be completed in a timely manner.
  • Workers' Compensation Claim Form (WC-1): This form is used in various states to initiate a workers' compensation claim. Similar to the DWC 041, it requires details about the injury and the injured employee.
  • Employee Incident Report: This document records details of workplace accidents. It is akin to the DWC 041 in that it documents the circumstances surrounding an injury.
  • Health Insurance Claim Form (CMS-1500): Used for submitting medical claims to health insurers, this form also gathers personal and medical information, paralleling the data collection aspect of the DWC 041.
  • Notice of Injury Form: This form notifies an employer of an employee's injury. Like the DWC 041, it serves as a formal notification and requires timely submission.
  • Return to Work Form: This document is completed by a healthcare provider to indicate an employee's fitness to return to work. It shares the focus on the employee's work status, similar to the DWC 041.
  • Family and Medical Leave Act (FMLA) Certification Form: This form is used to certify a need for leave due to medical reasons. Both forms require personal information and relate to the employee's health and work situation.
  • Social Security Disability Insurance (SSDI) Application: This application seeks benefits for individuals unable to work due to disability. It shares the need for detailed personal and medical information, much like the DWC 041.
  • Occupational Safety and Health Administration (OSHA) Incident Report: This report documents workplace injuries and illnesses. It is similar in that it serves to report and record incidents affecting employees.
  • Claim for Benefits Form (C-3): Used in some states, this form is for individuals seeking benefits after a work-related injury. It has a similar purpose and structure to the DWC 041, focusing on the injury and the claimant's details.

Dos and Don'ts

When filling out the DWC 041 form, there are important dos and don’ts to keep in mind to ensure a smooth submission process. Below is a list of guidelines to follow.

  • Do complete all sections of the form accurately.
  • Do provide your current contact information, including phone number and email address.
  • Do submit the form within one year of your injury or when you first realized it was work-related.
  • Do check for any required signatures before sending the form.
  • Don't leave any fields blank; incomplete forms may be rejected.
  • Don't provide false information or omit details about your injury.
  • Don't forget to keep a copy of the completed form for your records.
  • Don't hesitate to ask for help if you have questions about the form.

Misconceptions

Misconceptions about the DWC 041 form can lead to confusion and delays in the workers' compensation process. Here are ten common misunderstandings:

  1. The DWC 041 form can be submitted at any time. Many believe there is no deadline for filing. In reality, the form must be submitted within one year of the injury or when the employee knew or should have known the injury was work-related.
  2. Only the injured employee can file the DWC 041 form. Some think that only the injured worker can submit the form. However, a representative can file on behalf of the injured employee.
  3. All injuries are automatically covered by workers' compensation. It is a misconception that every injury qualifies for benefits. The injury must be work-related, and not all incidents meet this criterion.
  4. The DWC 041 form is only for physical injuries. Many assume it applies only to physical harm. In fact, it also covers occupational diseases caused by work conditions.
  5. Filing the DWC 041 form guarantees compensation. Some people believe that submitting the form ensures they will receive benefits. Compensation depends on the validity of the claim and the employer's insurance coverage.
  6. Providing personal information is optional. A common belief is that filling out personal details is not necessary. In truth, complete and accurate information is crucial for processing the claim.
  7. Once filed, the claim process is automatic. Many think that after submitting the form, everything will proceed without further action. However, follow-up may be required, and communication with the insurance carrier is essential.
  8. Submitting the form means you cannot change your claim later. Some believe that once the DWC 041 form is submitted, the claim is final. Amendments can be made if new information arises.
  9. There is no need to report the injury to the employer. Many think they can skip this step. Reporting the injury to the employer is necessary for the claim process to begin.
  10. Help is not available for completing the DWC 041 form. Some feel they must complete the form alone. In fact, assistance is available through local Division Field Offices for those who need it.

Understanding these misconceptions can help streamline the claims process and ensure that injured workers receive the benefits they deserve.

Key takeaways

When filling out the DWC 041 form, there are several important points to keep in mind. Here are key takeaways to help guide you through the process:

  • Timeliness is crucial. You must submit the form within one year of your injury or when you first realized the injury might be work-related.
  • Complete all sections. Fill out every box on the form to avoid delays in processing your claim.
  • Provide accurate information. Ensure that all details, especially your personal and employer information, are correct.
  • Specify your work status. Indicate whether you have returned to work and if your duties are regular or restricted.
  • Detail the injury. Clearly describe how the injury occurred, including the body parts affected and any witnesses.
  • Include doctor information. If you have a treating doctor, provide their name and contact details, along with any healthcare network information.
  • Contact for help. If you have questions while filling out the form, reach out to the Texas Department of Insurance, Division of Workers’ Compensation for assistance.

Following these takeaways can help ensure that your claim is processed smoothly and efficiently.