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Texas Department of Insurance
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Firefighter fighting a brush fire

First responders may be peace officers, paramedics, firefighters, detention officers, county jailers, or emergency medical service employees who work for a political subdivision in Texas, like a city, county, or school district. Volunteer first responders should ask their manager if they have workers’ compensation.

First responder resources

Recursos para el personal de respuesta inmediata

Are you a first responder who’s been injured on the job?



Watch this short video to learn:

  • How and when to report your claim.
  • What benefits you may be able to get.
  • Which conditions are presumed to be work-related.
  • Where to get help if your claim is denied.

First responder presumption

Under Texas law, some diseases are presumed to be work-related: smallpox, tuberculosis, other respiratory illnesses, certain cancers, heart attack, and stroke.

First responder resources

FAQ

First responders may be peace officers, paramedics, firefighters, detention officers, county jailers, or emergency medical service employees who work for a political subdivision in Texas, like a city, county, or school district. Volunteer first responders should ask their manager if they have workers’ compensation. 

For more details, see Texas Labor Code §§504.055, 504.012(a), and Government Code Chapter 607. 

You must tell your employer

You must report your injury or illness to your employer within 30 days from the date of injury or the date you knew it was work-related, or you may lose your right to benefits.  

Report to DWC

If you miss time from work because of your injury or illness your employer’s insurance carrier will report the injury to DWC. 

When DWC gets a report of a work-related injury or illness, a Notice of Injury packet will be mailed to you with a DWC Form-041, Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease. You must return the form to DWC within one year from the date of injury or illness or you may lose your right to benefits. 

You do not have to wait for the insurance carrier to report your injury or illness. You can report it to DWC using a DWC Form-041. 

If you need help, call DWC at 800-252-7031, option 1. 

  • Medical benefits pay for reasonable and necessary medical care to treat your work-related injury or illness. 
  • Income benefits replace some of the money you lost because of your work-related injury or illness. 
  • Lifetime Income Benefits (LIBs) are a type of income benefit for certain severe injuries. There are eligibility requirements for all injured employees to get these benefits, and as a first responder, you may also receive LIBs if you had a serious bodily injury (Texas Labor Code 408.1615). If you are getting LIBs payments under Texas Labor Code 408.1615, you must certify each year that you are not employed. This law also allows for a periodic review of first responders that are receiving LIBs benefits. This review requires designated doctors to examine first responders to make sure they still meet eligibility requirements. For questions about first responder LIBs requirements call DWC Customer Service at 800-252-7031, option 1.  
  • Burial benefits pay for some of the funeral expenses when an employee dies because of a work-related injury or illness. 
  • Death benefits help families replace some of the money lost when an employee dies because of a work-related injury or illness. A spouse that married a first responder on or after September 1, 2017, can get death benefits for life even if they remarry. 

For more information, visit our income and medical benefits page.

Call your employer’s insurance carrier and ask to speak to your adjuster. Your adjuster is the person assigned by the insurance carrier to help you with your claim. 

If you still need help, call DWC at 800-252-7031, option 1. Let DWC know that you are a first responder, and they will refer you to an experienced Claims Examiner that can help you navigate your claim and will help you with your claim each time you call.

Under Texas law, some diseases are presumed to be work-related: smallpox, tuberculosis, other respiratory illnesses, certain cancers, heart attack, and stroke. 

For more information, see  Texas Government Code, Chapter 607

The statutory presumption under Texas Government Code Section 607.0545 for COVID-19 claims is no longer in effect for dates of injury on or after June 15, 2023. To be eligible under the presumption, an employee must work in a declared disaster area. Both federal and state disaster declarations related to COVID-19 ended, and the state declaration expired June 15, 2023.   

As a first responder, you are entitled to expedited dispute resolution to help resolve denials related to your workers’ compensation claim. The Office of Injured Employee Counsel (OIEC) has a special employee who helps first responders. This person is trained in first responders’ rights in the workers' compensation system. You can email OIEC at firstresponderhelp@oiec.texas.gov  or call 512-804-4173.

For more information about how to resolve a dispute on your claim, go to DWC’s dispute resolution for injured employees page or watch the video Resolving Disputes.

To learn more about your rights and responsibilities, read Notice of Injured Employee Rights and Responsibilities in the Texas Workers’ Compensation System

If you need help, visit DWC’s injured employee page or call 800-252-7031, option 1. 

Last updated: 12/19/2024