Hurt on the job in El Paso: workers' comp deadlines and finding a work injury lawyer

Last checked November 8, 2026

If you were hurt at work in El Paso, tell your employer within 30 days and file DWC Form-041 with the state within one year.123 The state office is at 401 East Franklin Avenue, Suite 330.4 Free help is available from OIEC, the state's office for injured workers.5

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Road map of El Paso marking Downtown, where the state workers' compensation office is on East Franklin Avenue
Hurt at work in Texas? Tell your employer within 30 days. Map data © OpenStreetMap contributors.

What do I do first after a work injury in El Paso?

  1. Get medical care. University Medical Center handles Level 1 trauma, and Providence East Campus handles Level II.67
  2. Tell your supervisor within 30 days. Do it in writing and keep a copy, since a missed deadline can cost you your benefits.1
  3. Ask if your employer carries workers' comp. Most private Texas employers can choose whether to have it.8
  4. File DWC Form-041 with the state within one year, with limited exceptions.32
  5. Write down what happened, who saw it, and what you were doing. Take photos if you safely can.

Where can I get help with workers' comp in El Paso?

You do not have to go to Austin. The Texas Division of Workers' Compensation has an El Paso office in the State Office Building, 401 East Franklin Avenue, Suite 330.4 The Office of Injured Employee Counsel, or OIEC, lists its El Paso field office at the same address.9

AgencyWhat it doesHow to reach it
Division of Workers' Compensation (DWC)Runs the state claim system800-252-7031, option 1, in English or Spanish10
OIECFree help for injured workers without a lawyer, and for families after a work-related death5866-393-643211
OSHA El Paso Area OfficeFederal workplace safety complaints4849 N. Mesa, Suite 200, (915) 534-625112

OIEC help is a real option if you cannot afford a lawyer or your dispute is small. A lawyer may make more sense if your injury is serious, your employer has no comp, or someone outside the company caused it.

What if my employer in El Paso doesn't have workers' comp?

This matters more in Texas than in most states, because comp is often a choice for private employers.8 If yours has no comp, you can sue, and it generally cannot blame you, a coworker or the risk of the job. You still have to prove negligence.13

Your employerYour main pathWho you can claim against
Has workers' compComp benefits, usually your only claim against the employer or a coworker14An outside party can still be sued15
Has no workers' compA negligence lawsuit against the employer13The employer and any outside party

Ask your supervisor or HR directly. If you get no clear answer, ask DWC how to check. Call 800-252-7031, option 1.10

Which El Paso jobs lead to injury claims?

We could not find official numbers on work injuries for the City of El Paso alone. Local road data does show two risks for people who work around traffic. TxDOT counted 952 work-zone crashes in El Paso County in 2025, 2 of them fatal.16 It also counted 1,014 crashes with a commercial vehicle, with 7 people killed.17

If you drive for work near the bridges or on I-10, or you work a road crew, a crash may give you both a comp claim and a claim against the other driver.15 The same goes for construction, where a subcontractor or equipment maker may be the outside party.

Serious safety problems can be reported to OSHA's El Paso Area Office.12 That is separate from your claim, and it does not replace your 30-day or one-year deadlines.

Can I sue someone else for a work injury in El Paso?

Yes. You can claim workers' comp and also sue an outside party who caused your injury.15 That suit generally has the usual 2-year deadline.18

If that outside party is the City of El Paso, such as a city truck that hit you on a delivery, a sworn notice must go to the Mayor within 90 days, or 6 months for good cause.1920 Sun Metro counts as a city department.21

What about Fort Bliss or federal workers in El Paso?

Soldiers, and civilians who work for federal agencies at Fort Bliss or the ports of entry, have separate federal systems. This page does not cover them. A contractor's worker on a federal site may still be under Texas rules, so ask who actually employs you.

What should I ask a work injury lawyer in El Paso?

  • Does my employer have comp, and how do we confirm it?
  • Is there an outside party I can also make a claim against?
  • Have the 30-day and one-year deadlines been met?12
  • How do you charge, and how does that differ for comp and a lawsuit?

Questions

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

Tell your employer within 30 days.1 File your claim with the state within one year.2

Where is the workers' comp office in El Paso?

401 East Franklin Avenue, Suite 330.4 OIEC lists the same address.9

Can I sue my employer in El Paso?

If your employer has comp, those benefits are usually your only claim against it.14 If it has no comp, you can sue.13

Is help free?

OIEC services are provided at no cost.5

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El Paso

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. Office of Injured Employee Counsel, If You Have Been Injured at Work, checked 2026-11-08. “Occupational Disease (DWC Form-041) to TDI-DWC within one year of the date of injury”
  4. Texas Department of Insurance, DWC contacts, checked 2026-11-08. “El Paso State Office Building 401 East Franklin Avenue, Ste 330 El Paso, TX 79901-1250”
  5. Office of Injured Employee Counsel, Ombudsman Services, checked 2026-11-08. “All OIEC services, including ombudsman services, are provided at no cost.”
  6. UMC El Paso, 2024 Annual Report, checked 2026-11-08. “UMC Receives Reverification as Level 1 Trauma Center”
  7. The Hospitals of Providence, Awards & Distinctions, checked 2026-11-08. “The Hospitals of Providence East Campus is recognized as a Major Level II Trauma Center”
  8. 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.”
  9. Office of Injured Employee Counsel, Field Offices, checked 2026-11-08. “401 East Franklin Ave., Suite 330 El Paso, TX 79901-1250”
  10. Texas Department of Insurance, DWC contacts, checked 2026-11-08. “Call and speak to a customer assistant at 800-252-7031, option 1.”
  11. Office of Injured Employee Counsel, Contact Us, checked 2026-11-08. “All field offices can be reached at [email protected] or 866-393-6432”
  12. U.S. Department of Labor, OSHA Texas Area Offices, checked 2026-11-08. “4849 N. Mesa, Suite 200 El Paso, TX 79912-5936”
  13. 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”
  14. 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.”
  15. 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.”
  16. TxDOT, 2025 Work Zone Crashes and Injuries by County, checked 2026-11-08. “El Paso 2 2 10 11 118 164 88 141 714 2,010 20 184 952”
  17. TxDOT, 2025 CMV Involved Crashes and Injuries by County, checked 2026-11-08. “El Paso 7 7 14 15 117 165 84 119 780 2,327 12 114 1,014”
  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 El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall within 90 days or within 6 months for good cause shown from the date the damage occurred or the injury was received, give notice in writing to the mayor”
  20. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall be sworn to by the person claiming damages or by someone authorized by him to do so on his behalf”
  21. Sun Metro Suspension of Service Policy, checked 2026-11-08. “the City of El Paso's Mass Transit Department (Sun Metro)”

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