Hurt on the job in Austin: your workers' comp deadlines and when to call a work injury lawyer

Last checked November 8, 2026

Hurt at work in Austin? Tell your employer within 30 days1 and file with the state within one year.2 Call the Division of Workers' Compensation at 800-252-7031, option 1.3 Many Texas employers do not carry comp, so find out first.4 If the City of Austin caused the injury, the city says 45 days.5

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Road map of central Austin near 1601 Congress Avenue, home of the state's workers' compensation office
Hurt at work in Texas? Tell your employer within 30 days. Map data © OpenStreetMap contributors.

What should you do first after getting hurt at work in Austin?

  1. Tell your supervisor. You have 30 days, and it is smart to do it in writing the same day.1
  2. See a doctor and say clearly that this happened at work.
  3. Ask your employer who its workers' compensation carrier is, or whether it has one at all.4
  4. File DWC Form-041 with the state within one year.62
  5. Save everything: pay stubs, shift schedules, photos of the place where you were hurt, and the names of coworkers who saw it.

Does every Austin employer have workers' comp?

No, and this surprises many people moving here from other states. Most private Texas employers can choose whether to carry it.4 In 2024, 24% of Texas employers were non-subscribers, the state's word for those without coverage.7 Those employers had 13% of the state's employees.8 We could not find a separate figure for Austin.

Your next step depends on that answer. Ask for it in writing, because everything else in this guide flows from it.

If your employer...What it usually means
Has workers' compBenefits are usually your only claim against the employer or a coworker9
Has no workers' compYou can sue, and it generally cannot blame you, a coworker or the risk of the job, but you must prove negligence10
Either way, if an outside company caused itYou may claim comp and also sue that outside party11

Who gives free help with a workers' comp claim in Austin?

Austin has an advantage here, since the state agencies are based in town. The Division of Workers' Compensation has an office in the Barbara Jordan Building at 1601 Congress Ave.12 Call before you visit to set up an appointment. The claims line is 800-252-7031, option 1,3 and there is help in Spanish on that same number.13

If you have a dispute with the insurance carrier and no lawyer, the Office of Injured Employee Counsel can step in.14 Its services, including ombudsmen, are free.15 An ombudsman can help with your claim but is not your attorney, so ask what they can and cannot do for you.

Can you sue someone other than your boss after a work accident in Austin?

Often yes. A delivery driver hit on I-35 or Ben White by a truck from another company has both a comp claim and a possible injury suit against that outside party.1116 The same goes for a construction worker hurt by a subcontractor's equipment or a defective tool. The regional freight plan counts 43,000 truck trips a day entering and leaving the area, so plenty of Austin workers share the road with freight.17

Your injury lawsuit deadline against an outside party is generally 2 years.18 A crash report can help prove what happened, and you can buy an Austin Police report through LexisNexis BuyCrash.19

What if a City of Austin crew or a city vehicle hurt you at work?

Your comp claim does not replace the notice the city demands if you plan to claim against it. Austin says the letter must go out within 45 days of the incident.5 Missing that notice can excuse the city from paying.20 A May 2026 document says the notice must be notarized by affidavit.21 Send it to the Law Department or email [email protected].2223

Who do you report a dangerous job site to in Austin?

OSHA's Austin Area Office is at 1033 La Posada Dr., Suite 375, and the phone is (512) 374-0271.2425 Reporting a hazard is separate from your claim for benefits, and it does not pay your medical bills. It can still put a problem on record.

Where do badly hurt workers go in Austin?

Dell Seton Medical Center is a Level I trauma center, and St. David's South Austin is Level II.2627 If an insurer says your injury is not related to work, those first records carry weight. Ask for them early. Ascension Seton takes requests by mail or in person, and St. David's offers several routes.2829

We did not find a local count of Austin workplace injuries, so we do not offer one.

What should you ask a workers' comp lawyer in Austin?

  • Does my employer subscribe, and how do we confirm it?
  • Is there an outside company I can also make a claim against?
  • What happens if the carrier disputes my injury?
  • If my employer has no coverage, how will I prove negligence?10

Questions

How long do I have to report a work injury in Texas?

You must tell your employer within 30 days.1 The claim with the state is due within one year.2

Can I sue my employer after a work injury in Austin?

Usually not if it has comp.9 If it has no comp, you can sue, but you must prove negligence.10

Is there free help with a Texas workers' comp claim?

Yes. The Office of Injured Employee Counsel provides free help at 866-393-6432.1415

Where is the workers' comp office in Austin?

The Barbara Jordan Building, 1601 Congress Ave. Call before you go.12

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Austin

Hurt at work

Texas

Sources

  1. Tex. Lab. Code § 409.001(a), checked 2026-11-08. “shall notify the employer of the employee of an injury not later than the 30th day after the date on which: (1) the injury occurs;”
  2. Tex. Lab. Code § 409.003, checked 2026-11-08. “shall file with the division a claim for compensation for an injury not later than one year after the date on which: (1) the injury occurred;”
  3. Texas Department of Insurance, DWC contacts, checked 2026-11-08. “Call and speak to a customer assistant at 800-252-7031, option 1.”
  4. Tex. Lab. Code § 406.002(a), checked 2026-11-08. “Except for public employers and as otherwise provided by law, an employer may elect to obtain workers' compensation insurance coverage.”
  5. City of Austin, File a Claim, checked 2026-11-08. “You must send this letter within 45 days of the incident.”
  6. Texas Department of Insurance, Injured employee FAQ, checked 2026-11-08. “completed DWC Form-041, within one year”
  7. Texas Department of Insurance, 2024 Biennial Report snapshot, checked 2026-11-08. “In 2024, the percentage of employers that were non-subscribers was the lowest since 2016, at 24%”
  8. Texas Department of Insurance, 2024 Biennial Report snapshot, checked 2026-11-08. “The percentage of Texas employees working for non-subscribers was the lowest in a decade at 13%.”
  9. Tex. Lab. Code § 408.001(a), checked 2026-11-08. “Recovery of workers' compensation benefits is the exclusive remedy of an employee covered by workers' compensation insurance coverage or a legal beneficiary against the employer or an agent or employee of the employer for the death of or a work-related injury sustained by the employee.”
  10. Tex. Lab. Code § 406.033(a), (d), checked 2026-11-08. “it is not a defense that: (1) the employee was guilty of contributory negligence; (2) the employee assumed the risk of injury or death; or (3) the injury or death was caused by the negligence of a fellow employee. [...] the plaintiff must prove negligence of the employer or of an agent or servant of the employer”
  11. Tex. Lab. Code § 417.001(a), checked 2026-11-08. “An employee or legal beneficiary may seek damages from a third party who is or becomes liable to pay damages for an injury or death that is compensable under this subtitle and may also pursue a claim for workers' compensation benefits under this subtitle.”
  12. Texas Department of Insurance, DWC contacts, checked 2026-11-08. “Barbara Jordan Building 1601 Congress Ave. Austin, TX 78701”
  13. Texas Department of Insurance, DWC contacts, checked 2026-11-08. “Llame y hable con un asistente para el cliente al 800-252-7031, opción número 1.”
  14. Office of Injured Employee Counsel, Ombudsman Services, checked 2026-11-08. “PO Box 12876, Austin, TX 78711-2876 | 866-393-6432”
  15. Office of Injured Employee Counsel, Ombudsman Services, checked 2026-11-08. “All OIEC services, including ombudsman services, are provided at no cost.”
  16. Austin Police, Traffic Enforcement presentation (April 2023), checked 2026-11-08. “I-35, US Hwy 183, Ben White”
  17. CAMPO Regional Freight Plan, Executive Summary, checked 2026-11-08. “On average, 43,000 truck trips enter and leave the CAMPO region each day.”
  18. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  19. City of Austin, Purchase an APD online crash report, checked 2026-11-08. “Purchase online crash reports for the Austin Police Department jurisdiction with LexisNexis”
  20. City of Austin, Staff charter recommendations with charter text (May 2026), checked 2026-11-08. “shall exonerate, excuse and exempt the city from any liability whatsoever”
  21. City of Austin, Staff charter recommendations with charter text (May 2026), checked 2026-11-08. “The current version of the charter requires claimants to give written notice of a claim notarized by affidavit.”
  22. City of Austin, File a Claim, checked 2026-11-08. “City of Austin Law Department - Claims P.O. Box 1546 Austin, TX 78767-1546”
  23. City of Austin, File a Claim, checked 2026-11-08. “Email [email protected]”
  24. OSHA, Texas area offices, checked 2026-11-08. “1033 La Posada Dr., Suite 375 Austin, TX 78752-3832”
  25. OSHA, Texas area offices, checked 2026-11-08. “(512) 374-0271”
  26. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “DELL SETON MEDICAL CENTER AT THE UNIVERSITY OF TEXAS 10/1/2028 O AUSTIN 78701”
  27. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “ST DAVIDS SOUTH AUSTIN MEDICAL CENTER 10/1/2028 O AUSTIN 78704”
  28. Ascension Seton, Authorization for Release of Information, checked 2026-11-08. “Mail in or present your request in person at the applicable site location(s).”
  29. St. David's South Austin, Medical Records, checked 2026-11-08. “We offer several ways to request your medical records”

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