REMINDER — New Workers Compensation Insurance Employee Notice Requirements Effective January 1
AUSTIN, TX — State law requires Texas employers to notify employees if they carry workers’ compensation insurance. The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) recently adopted amendments to 28 Texas Administrative Code §110.101 (relating to Covered and Non-Covered Employer Notices to Employees) that includes new language that employers must use on or after January 1, 2013 when notifying employees of workers’ compensation insurance coverage. Workers’ compensation insurance coverage provides covered employees with income and medical benefits if they sustain a work-related injury or occupational illness.
Employers are required to provide a written notice of coverage to new employees upon hire. The written notice must inform employees of their right to reject workers’ compensation insurance coverage and retain their common law right of action. This notice must use the wording and be in the format prescribed by TDI-DWC’s New Employee Notice.
Employers must also post a written notice at their place of business telling their employees that they carry workers’ compensation insurance. The notice must be in English, Spanish and any other language that is common to the employees and must be posted at conspicuous locations at the employers’ place of business. This notice must use the wording and be in the format prescribed by the TDI-DWC’s Notice 6, Notice of Employee Concerning Workers’ Compensation in Texas.
Employers certified by the TDI-DWC as self-insured employers must use the wording and format prescribed by the TDI-DWC’s Notice 7, Notice of Employee Concerning Workers’ Compensation in Texas. Employers who are members of a self-insurance group must use the wording and format prescribed by the TDI-DWC’s Notice 10, Notice of Employee Concerning Workers’ Compensation in Texas.
The recently revised New Employee Notice, Notice 6, Notice 7 and new Notice 10 are available for download from the TDI website athttp://www.tdi.texas.gov/forms/form20.html or by calling the 1-800-252-7031.
When changes in coverage status occur (obtained, terminated or canceled coverage), employers are required to provide written notice again to each employee and update the Notice 6, Notice 7 or Notice 10 as appropriate.
For additional information on employer rights and responsibilities in the Texas workers’ compensation system, see Workers’ Compensation Resources for Employers on the TDI website at http://www.tdi.texas.gov/wc/employer/index.html.
