Navigating Workplace Concussions: When to File a Claim in Austin, TX

Workplace concussions are more common than many workers realize. In a bustling city like Austin, with its diverse job sectors, understanding when and how to file a workers’ compensation claim after experiencing a concussion is crucial. This guide will help you recognize the signs of a concussion, understand your rights, and take appropriate action if you need to file a claim.

Recognizing Concussion Symptoms

Concussions, a form of traumatic brain injury, can occur from a bump, blow, or jolt to the head. It’s important to recognize the symptoms early, as they might not appear immediately. According to the Centers for Disease Control and Prevention (CDC), common symptoms include:

• Physical Symptoms: Headaches, nausea, dizziness, vision problems, and sensitivity to light or noise.
• Cognitive Symptoms: Difficulty concentrating, feeling foggy, and trouble remembering.
• Emotional Symptoms: Irritability, sadness, or anxiety.
• Sleep Disturbances: Sleeping more or less than usual, or trouble falling asleep.

Danger signs requiring immediate medical attention include severe headaches, repeated vomiting, slurred speech, and confusion.

Filing a Workers’ Compensation Claim in Texas

In Texas, if you suffer a concussion at work, it’s important to report the injury to your employer within 30 days. Failing to report within this timeframe might jeopardize your ability to receive benefits. After reporting, you must file a DWC Form-041, the Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease, with the Texas Division of Workers’ Compensation (DWC) within one year to protect your rights.

Understanding Non-Subscriber Employers

Texas is unique in allowing employers to opt out of the state’s workers’ compensation system. Known as non-subscribers, these employers are not required to provide workers’ compensation insurance. If you work for a non-subscriber, they must inform you in writing about the lack of coverage. In the event of an injury, you might have the option to file a personal injury lawsuit against your employer.

Why Prompt Action Matters

Immediate action following a concussion is vital not only for your health but also for ensuring you receive the benefits or legal recourse you are entitled to. Document your symptoms, medical visits, and communications with your employer to support your claim.

Get Expert Legal Help

Navigating the nuances of workers’ compensation claims can be complex, especially when dealing with a concussion. Shaw Cowart Attorneys at Law LLP in Austin, TX, specializes in personal injury and workers’ compensation cases. Our experienced attorneys can guide you through the process, ensuring your rights are protected.

If you’ve experienced a concussion at work and need legal assistance, contact us for a free consultation. Visit our Contact Us page or call us at 512-842-7085 for more information.

Ensuring your health and rights are protected after a workplace concussion is paramount. Don’t hesitate to reach out for the support and guidance you need.

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