Hurt at work in McAllen: workers' comp deadlines, free state help and finding a lawyer

Last checked November 8, 2026

If you were hurt at work in McAllen, tell your employer within 30 days1 and file with the state within one year.2 For help, call the Texas Division of Workers' Compensation at 800-252-7031, option 1, in English or Spanish.34 The nearest offices are in Weslaco.56

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Road map of McAllen and the road east toward Weslaco, where the nearest state workers' compensation office is located
Tell your Texas employer about a work injury within 30 days. Map data © OpenStreetMap contributors.

What do I do first after a work injury in McAllen?

  1. Get medical care and tell the doctor it happened at work.
  2. Tell your employer in writing within 30 days. Keep a copy, or send a text you can save.1
  3. Find out if your employer has workers' comp. Most private Texas employers can choose whether to carry it.7
  4. Watch for a packet from the state. It includes DWC Form-041, the employee's claim form.8
  5. File that claim with the state within one year of the injury, with limited exceptions.2

If you do not get a packet or you are stuck, call 800-252-7031, option 1.3 A Spanish-speaking assistant is available on the same line and the same option.4 You should not have to pay anyone to get benefits. Texas warns that scammers pose as officials, and says you never have to pay to get your benefits.9

Where can I get free workers' comp help near McAllen?

WhoWhat they doWhere
Texas Division of Workers' Compensation (DWC)Regulates the system and can help with your claim. It does not pay benefits. Insurance carriers do.101108 West Pike Blvd., Weslaco5
Office of Injured Employee Counsel (OIEC)Free ombudsmen help people who do not have a lawyer with disputes.11Same address, 866-393-6432612
Safety Violations HotlineReport a dangerous workplace800-452-959513

Both state offices are in Weslaco, not McAllen. Call ahead before you drive, since office hours can change. We could not find any workplace injury numbers specific to McAllen, so this page sticks to the local offices and the rules that apply to you.

What if my McAllen employer does not have workers' comp?

Texas is different from most states. Except for public employers, an employer may decide not to carry coverage.7 Your employer must have workers' compensation insurance for you to get those benefits. But then you may be able to sue.

If your employer has no workers' comp, you can sue, and it generally cannot blame you, a coworker or the risk of the job. You still have to prove the employer was negligent.14 Warehouse, packing, farm and construction workers in the Valley should ask this question early. A lawsuit like this generally has a 2-year deadline.15

If my employer has comp, can I still sue anyone in McAllen?

Usually not your employer or a coworker. Those benefits are generally your only claim against them.16 But you can claim workers' comp and also sue an outside party who caused your injury.17

  • Delivery or truck driver hit on the road by another driver. Commercial vehicles were in 597 crashes in Hidalgo County in 2025.18
  • A worker hurt by a defective machine or tool made by another company.
  • A construction worker hurt because of a different contractor on the site.
  • A worker in a crash on the job on McAllen streets, where the report costs $6, or $8 certified.19

Tell your lawyer about any crash report, equipment name or other company on the job. Those details are what make an outside claim possible.

What if I work for the City of McAllen?

The city's general claim form is not meant for you. It makes people confirm they were not a City of McAllen employee when the incident happened.20 Public employers are treated differently under Texas workers' comp, so start by telling your supervisor and asking about Risk Management, (956) 681-1410.217 If you are a city employee and you were hurt by something outside your job, ask a lawyer what applies. A short notice deadline may be running.22 We could not confirm a shorter city period, so ask the city.

What if my workers' comp claim is denied in McAllen?

Do not just give up. Call DWC at 800-252-7031, option 1,3 and ask about a dispute. An OIEC ombudsman can help at no cost if you do not have a lawyer.11 Keep every letter you get from the insurance carrier, and answer by any date that it gives.

Also keep your medical records together. If you were treated for a serious injury at South Texas Health System McAllen or DHR Health, both are Level I trauma centers.2324 DHR's medical records line is 956-362-3448.25

When should you call a workers' comp lawyer in McAllen?

  • Your employer says it does not have coverage.
  • Your claim was denied, or the carrier stopped paying.
  • Someone outside your company may have caused the injury.
  • You are getting close to the one-year filing deadline.
  • Your employer pressures you not to report the injury.
  • The injury happened in a crash, in which case your claim may have two parts.

Questions

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

You must tell your employer within 30 days.1

How long do I have to file a workers' comp claim?

Within one year of the injury, with limited exceptions.2

Is there a workers' comp office in McAllen?

The nearest DWC and OIEC offices we found are in Weslaco at 1108 West Pike Blvd.56

Can I get help in Spanish?

Yes. Call 800-252-7031, option 1.4

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McAllen

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 Contact Us, checked 2026-11-08. “Call and speak to a customer assistant at 800-252-7031, option 1.”
  4. Texas Department of Insurance, DWC Contact Us, checked 2026-11-08. “Llame y hable con un asistente para el cliente al 800-252-7031, opción número 1.”
  5. Texas Department of Insurance, DWC Contact Us, checked 2026-11-08. “Weslaco 1108 West Pike Blvd. Weslaco, TX 78596-4651”
  6. Office of Injured Employee Counsel, OIEC Offices, checked 2026-11-08. “Weslaco Field Office 1108 West Pike Blvd. Weslaco, TX 78596-4651”
  7. 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.”
  8. Texas Department of Insurance, Injured Employee Resources, checked 2026-11-08. “DWC Form-041, Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease”
  9. Texas Department of Insurance, Workers' Compensation, checked 2026-11-08. “you never have to pay to get your benefits in Texas”
  10. Texas Department of Insurance, Injured Employee Resources, checked 2026-11-08. “DWC does not pay benefits on workers’ compensation claims.”
  11. Office of Injured Employee Counsel, Ombudsman Services, checked 2026-11-08. “All OIEC services, including ombudsman services, are provided at no cost.”
  12. Office of Injured Employee Counsel, OIEC Offices, checked 2026-11-08. “Phone: 866-393-6432”
  13. Texas Department of Insurance, DWC Contact Us, checked 2026-11-08. “Safety Violations Hotline 800-452-9595”
  14. 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”
  15. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  16. 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.”
  17. 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.”
  18. TxDOT, 2025 CMV Involved Crashes and Injuries by County, checked 2026-11-08. “Hidalgo 3 4 15 18 64 94 106 159 396 1,946 13 62 597”
  19. McAllen Police Department, FAQ, checked 2026-11-08. “All accident reports are $6.00 dollars and certified copies of accident reports are $8.00 dollars.”
  20. City of McAllen Risk Management, Submit a Claim, checked 2026-11-08. “I ACKNOWLEDGE THAT I AM NOT UNDER THE EMPLOYMENT OF THE CITY OF MCALLEN AT THE TIME OF OCCURRENCE”
  21. City of McAllen, Risk Management, checked 2026-11-08. “1300 Houston Ave. City Hall - 1st Floor McAllen, TX 78501 (956)681-1410”
  22. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  23. South Texas Health System McAllen, Trauma Care, checked 2026-11-08. “South Texas Health System McAllen is an ACS-verified Level I Trauma Center”
  24. DHR Health, Level I Trauma Center, checked 2026-11-08. “The DHR Health Level 1 Trauma Center provides the highest level of trauma care available”
  25. DHR Health, Medical Records, checked 2026-11-08. “you can reach us at 956-362-3448”

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