Q: What type of lawsuit is workers compensation act filed under?
A: A Texas workers compensation claim is filed through the Division of Workers' Compensation, Texas Department of Insurance. There are various field offices of the Division of Workers' Compensation which help to adjudicate the claims.
If your employer is a subscriber to the workers compensation system and you have a work related injury, you need to file a First Report of Injury with the Division of Workers' Compensation to start your claim. Your insurance carrier may accept your claim, deny your claim or accept a portion of your claim.
If there are disputes, you need to request a Benefit Review Conference to have your case heard. Always use an attorney for assistance. You will notice that the insurance carrier will use an attorney or a professional representative to present their defense.
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