Texas DWC Form-001 Filing Requirements: A Step-by-Step Compliance Guide
DWC Form-001—the Employer's First Report of Injury or Illness—is the foundational document in a Texas workers' compensation claim. Every subscriber employer is required to file it within 8 days of learning about a work-related injury or occupational illness.
That 8-day window sounds generous. In practice, it's tighter than most employers realize. The clock starts when anyone in a supervisory capacity learns about the injury—not when HR receives the formal report, not when the insurance carrier is notified, and not when the employee files paperwork. If a supervisor on a job site learns about an injury on Monday, your 8-day window starts Monday—regardless of whether that supervisor tells anyone else in the organization.
Late filings trigger administrative penalties from the Texas Division of Workers' Compensation. Incomplete filings delay claim processing, frustrate injured employees, and create documentation gaps that complicate the claim throughout its lifecycle.
This guide covers every aspect of Form-001 compliance: what triggers the filing requirement, exactly what the form requires, common errors to avoid, and how to build a reporting workflow that ensures you never miss the deadline.
What Triggers the Filing Requirement
You must file DWC Form-001 when an employee suffers a work-related injury or illness that results in any of the following:
Medical treatment beyond first aid: If the injury requires treatment from a medical professional—anything beyond basic first aid administered at the workplace—a Form-001 is required.
Lost time from work: If the employee misses any time from work beyond the day of injury due to the work-related condition.
Occupational disease: Any illness or condition caused by the work environment or work activities, even if symptoms appear gradually over time.
Death: Workplace fatalities require both Form-001 filing and separate 24-hour fatality reporting to the DWC.
What Counts as "First Aid" vs. "Medical Treatment"
This distinction matters because injuries treated with first aid only may not require a Form-001 filing (though they should still be documented internally).
First aid includes:
- Cleaning and bandaging minor wounds
- Applying cold packs or ice
- Administering non-prescription medications at non-prescription strength
- Removing foreign bodies from the eye using irrigation or cotton swab
- Using finger splints
Medical treatment includes (and triggers Form-001):
- Sutures (stitches)
- Prescription medications
- Physical therapy
- X-rays or imaging ordered for diagnostic purposes
- Any treatment by a physician, nurse practitioner, or other licensed healthcare provider
When in doubt, file. There is no penalty for filing a Form-001 for an injury that turns out to be minor. There are significant penalties for failing to file for an injury that turns out to be serious.
The 8-Day Filing Deadline
When the Clock Starts
The 8-day filing deadline begins when the employer has knowledge of the injury. The DWC defines "employer" broadly for this purpose—it includes:
- The business owner
- Any officer of the company
- Any supervisor, manager, or foreman
- Any person in a supervisory or management role
This means that if a shift supervisor on a construction site sees an employee get injured at 2:00 PM on Tuesday, the employer has knowledge as of Tuesday at 2:00 PM. The 8-day window begins—even if the supervisor doesn't report it to HR until the following week.
This is the most common reason employers miss the 8-day deadline: supervisors don't report injuries promptly to HR or the person responsible for DWC filing. The employer "knew" because the supervisor knew, but the person who files Form-001 didn't learn about it until the deadline had passed.
How to Calculate the Deadline
The 8-day window is calculated in calendar days, not business days:
- If the employer learns of the injury on Monday, February 3, the filing deadline is Tuesday, February 11
- Weekends and holidays count toward the 8 days
- If the deadline falls on a weekend or state holiday, the deadline extends to the next business day
Penalties for Late Filing
The DWC can impose administrative penalties for late Form-001 filing. Penalties can reach up to $25,000 per violation for serious or repeated offenses. In practice, first-time late filings for non-serious injuries typically result in smaller penalties, but the DWC has discretion.
Beyond penalties, late filing:
- Delays the employee's access to workers' comp benefits
- Creates friction with the injured employee (who may retain an attorney)
- Signals to the DWC that the employer's compliance program is weak (which may trigger closer scrutiny)
Form-001 Required Fields
The form requires detailed information about the employer, the employee, and the injury. Here's what each section requires and common errors to avoid.
Section 1: Employer Information
| Field | What to Enter | Common Error |
|---|---|---|
| Employer name | Legal business entity name | Using a DBA or trade name |
| Federal EIN | Your employer identification number | Transposing digits |
| Mailing address | Current business mailing address | Using an outdated address |
| Physical location | Address where the injury occurred | Using the corporate address instead of the job site |
| SIC/NAICS code | Standard Industrial Classification code | Using the wrong code for the operation where injury occurred |
| Insurance carrier | Name of your workers' comp carrier | Blank (carrier information is required) |
| Policy number | Current policy number | Using an expired policy number |
Section 2: Employee Information
| Field | What to Enter | Common Error |
|---|---|---|
| Employee name | Full legal name | Using a nickname or abbreviated name |
| SSN | Social Security Number | Missing or incorrect (triggers claim processing delays) |
| Date of birth | Employee's date of birth | Transposing month/day |
| Date of hire | Original hire date | Using a rehire date instead of original date |
| Occupation/job title | Specific job title | Vague titles like "worker" or "employee" |
| NCCI class code | Job classification code for this employee | Using the wrong code (affects premium and claim administration) |
| Average weekly wage | Employee's average weekly wage | Calculating incorrectly (see below) |
Average weekly wage calculation: This determines the employee's benefit rate. Calculate by taking the employee's earnings in the 13 weeks prior to the injury and dividing by 13. Include overtime, bonuses, and other regular compensation. Errors in wage calculation directly affect the employee's benefits and can trigger disputes.
Section 3: Injury Information
| Field | What to Enter | Common Error |
|---|---|---|
| Date of injury | Date the injury occurred or was first manifested | Using the date reported instead of date occurred |
| Time of injury | Approximate time of the incident | Leaving blank or entering shift start time |
| Date employer notified | Date a person in supervisory capacity learned of the injury | Using the date HR was notified instead of when the supervisor learned |
| Location of injury | Specific location where the injury occurred | Vague descriptions ("at work") |
| Nature of injury | Type of injury (strain, fracture, laceration, etc.) | Generic descriptions that don't specify the nature |
| Body part affected | Specific body part(s) injured | Incomplete ("back" instead of "lower back, lumbar spine") |
| Cause of injury | How the injury occurred | Vague descriptions ("while working") |
| Activity at time of injury | What the employee was doing when injured | Leaving blank |
The Injury Description
The narrative injury description is the most important field on the form—and the most frequently done poorly.
What a good description includes:
- What the employee was doing at the time of injury
- How the injury occurred (specific mechanism)
- What body part was affected
- What treatment was provided
- Whether the employee continued working or left the workplace
Example of a poor description: "Employee hurt back while working."
Example of an adequate description: "Employee was lifting a 40-lb box of materials from the ground to a storage shelf approximately 4 feet high. While lifting, employee felt sudden sharp pain in lower back (lumbar region). Employee reported the pain to supervisor immediately. Employee was sent to ABC Occupational Health Clinic for evaluation. Employee returned to work the same day on modified duty."
The description should be factual, specific, and objective. Don't assign blame, speculate about pre-existing conditions, or editorialize.
Building a Reliable Reporting Workflow
The challenge of Form-001 compliance isn't the form itself—it's ensuring that information flows from the point of injury to the person who files the form within the 8-day window.
Step 1: Train All Supervisors
Every person in a supervisory role must understand:
- They are required to report workplace injuries immediately (same day)
- The employer's 8-day clock starts when they learn about the injury
- They should complete an initial incident report within hours of the injury
- They should contact HR/Safety/the designated filing person the same day
Document this training. If a late filing occurs, your ability to demonstrate that you trained supervisors on immediate reporting is a mitigating factor.
Step 2: Standardize Incident Reporting
Create a standardized incident report form that supervisors complete at the point of injury. This form should capture all the information needed to populate Form-001:
- Employee name, SSN (or last 4), date of birth
- Date, time, and location of injury
- Description of how the injury occurred
- Body part(s) affected
- Treatment provided or sought
- Witnesses
- Supervisor's name and signature
- Date and time the form was completed
Step 3: Establish a Filing Process
Designate a specific person (or role) responsible for:
- Receiving incident reports from supervisors
- Completing and filing DWC Form-001 within the 8-day window
- Notifying the insurance carrier
- Filing Form-001 through the DWC portal (or through the carrier's system)
- Maintaining copies of all filed forms
Designate a backup person for when the primary filer is unavailable. The most common filing failures occur when the responsible person is out and no one else knows the process.
Step 4: Build in Checkpoints
- Day 0-1: Supervisor reports injury; incident report completed
- Day 1-2: Designated filer receives incident report; begins Form-001 preparation
- Day 3-5: Form-001 is completed and filed; insurance carrier is notified
- Day 6: If Form-001 has not been filed, automated alert triggers escalation
- Day 8: Filing deadline
Building in a Day 6 escalation alert gives you a safety net. If the process breaks down, you still have 2 days to catch it before the deadline.
Electronic Filing
The DWC accepts Form-001 filings electronically through its online portal. Most insurance carriers also provide filing systems that transmit Form-001 data to the DWC.
Advantages of electronic filing:
- Immediate confirmation of receipt
- Reduced data entry errors (system validates fields)
- Digital record of filing date and time
- Faster claim initiation
Best practice: File through your insurance carrier's system if available. This ensures the carrier receives the claim notification simultaneously and can begin claim administration immediately.
After Filing: Related Requirements
DWC Form-006: Supplemental Report
When the employee's claim status changes, you must file DWC Form-006 within 30 days. Status changes include:
- Employee returns to work (full or modified duty)
- Employee reaches maximum medical improvement (MMI)
- Claim is closed or settled
- Employee's work status changes (modified duty to full duty, or vice versa)
DWC Form-007: Employer's Wage Statement
Your insurance carrier or the DWC may request a wage statement to verify the employee's average weekly wage for benefit calculation. Provide this promptly—delays in wage verification delay benefit payments.
Recordkeeping
Maintain copies of all DWC forms for a minimum of 5 years from the date of injury. This includes:
- Filed Form-001 (with filing confirmation)
- Any supplemental forms (Form-006, Form-007)
- The original incident report
- Correspondence with the DWC and insurance carrier
- Medical documentation
- Return-to-work documentation
How AlignSure Automates Form-001 Compliance
AlignSure eliminates Form-001 filing gaps by automating the workflow:
- Digital incident reporting: Supervisors report injuries through a mobile-friendly form that captures all Form-001 fields
- Automatic Form-001 population: Incident report data flows directly into a pre-populated Form-001
- Filing deadline tracking: The system calculates the 8-day deadline from the date of knowledge and sends alerts at Day 1, Day 5, and Day 7
- Escalation automation: If a Form-001 hasn't been filed by Day 6, the system escalates to a designated backup
- Electronic filing: Submit directly to the DWC portal or insurance carrier system
- Document retention: All forms, incident reports, and filing confirmations are stored with 5-year retention schedules
Integrated with Microsoft 365: supervisor notifications through Teams, filing alerts through Outlook, document storage in SharePoint.
Schedule a demo to see how AlignSure eliminates Form-001 filing gaps.
