28 Tex. Admin. Code § 120.2 - Employer's First Report of Injury and Notice of Injured Employee Rights and Responsibilities
(a) The
employer shall report to the employer's insurance carrier each death, each
occupational disease of which the employer has received notice of injury or has
knowledge, and each injury that results in more than one day's absence from
work for the injured employee. As used in this section, the term "knowledge"
includes receipt of written or oral information regarding diagnosis of an
occupational disease, or the diagnosis of an occupational disease through
direct examination or testing by a doctor employed by the employer.
(b) The Division shall prescribe the form,
format, and manner of the employer's first report of injury (report). The
report shall contain:
(1) the information
required by §
120.1(a) of this
title (relating to Employer's Record of Injuries);
(2) any additional information prescribed by
the Division in accordance with the Labor Code §
402.00128(b)(10);
and
(3) the information necessary
for an insurance carrier to electronically transmit a first report of injury to
the Division.
(c) The
report shall be filed with the insurance carrier not later than the eighth day
after having received notice of or having knowledge of an occupational disease
or death, or not later than the eighth day after the employee's absence from
work for more than one day due to a work-related injury. For purposes of this
section, a report is filed when personally delivered, mailed, reported via
tele-claims, electronically submitted, or sent via facsimile.
(d) The employer shall provide a written copy
of the report and a written copy of the Notice of Injured Employee Rights and
Responsibilities in the Texas Workers' Compensation System (Notice of Rights
and Responsibilities) adopted by the Public Counsel of the Office of Injured
Employee Counsel (Public Counsel) to the injured employee by personal delivery,
mail, electronic submission or facsimile. The Notice of Rights and
Responsibilities shall be in English and Spanish, or in English and any other
language common to the employee. The written report may be the report specified
in subsection (b) of this section, or at a minimum shall contain the
information listed in §
120.1(a) of this
title.
(e) The Public Counsel must
adopt the Notice of Rights and Responsibilities after consultation with the
commissioner of workers' compensation. Until the Public Counsel adopts any new
notice in accordance with Labor Code §
404.109, the notice
previously adopted under this section will remain in effect. A copy of the
Notice of Rights and Responsibilities adopted by the Public Counsel will be
distributed through or provided at:
(1) the
department's website at www.tdi.texas.gov;
(2) the Office of Injured Employee Counsel's
website at www.oiec.texas.gov;
(3) The Texas Department of Insurance,
Division of Workers' Compensation, 1601 Congress Avenue, Austin, Texas, 78701
or any office of the Texas Department of Insurance, Division of Workers'
Compensation; or
(4) The Office of
Injured Employee Counsel, 1601 Congress Avenue, Austin, Texas, 78701 or any
office of the Office of Injured Employee Counsel.
(f) The employer shall maintain a record of
the date the copy of the report of injury and the date the Notice of Rights and
Responsibilities were provided to the employee. The employer shall also
maintain a record of the date the report of injury is filed with the insurance
carrier.
(g) If the insurance
carrier has not received the report, the employer has the burden of proving
that the report was filed within the required time frame. If the carrier
receives the report by mail, it will be presumed that the report was mailed
four days prior to the date received by the carrier. The employer has the
burden of proving that good cause exists if the employer failed to timely file
or provide the report.
(h) A party
who fails to comply with this section commits an administrative
violation.
Notes
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