Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,596
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(1) death;
(2) on-the-job injury that results in more than one day's ab-
sence from work for the injured employee; and
(3) occupational disease of which the employer has knowl-
edge.
(b) An employer shall file a report required by subsection (a)
of this section with the division not later than the seventh day of the
month following the month in which:
(1) the death occurred;
(2) the employee was absent from work for more than one
day as a result of the on-the-job injury; or
(3) the employer acquired knowledge of the occupational
disease.
(c) A report shall be filed in writing or electronically and shall
be in the form and manner prescribed by the division. A report must
include:
(1) the employer's business name;
(2) the employer's North American Industry Classification
System (NAICS) codes;
(3) the employer's business mailing address;
(4) the employer's physical address (if different from mail-
ing address);
(5) the employer's telephone number;
(6) the employer's federal employer identification number
(FEIN);
(7) the name, title, telephone number, signature, and date
of signature of the person completing the report for the employer;
(8) the reporting period;
(9) the injured employee's name;
(10) the employee's social security number;
(11) the employee's date of birth;
(12) the employee's date of hire;
(13) the employee's sex;
(14) the employee's occupation;
(15) the employee's hourly wage;
(16) the employee's NAICS code;
(17) the employee's race/ethnic identification;
(18) the address where injury or occupational disease oc-
curred;
(19) the type of location of where injury or occupational
disease occurred;
(20) the date of injury or occupational disease;
(21) the date reported by employee;
(22) the return-to-work date or expected date;
(23) the reported cause of injury;
(24) the nature of injury or occupational disease;
(25) any equipment involved in the injury;
(26) body part(s) affected;(27) the first day of absence from work;
(28) the number of days absent from work;
(29) whether the injury is an occupational disease;
(30) whether the injury resulted in death; and
(31) a description of incident.
(d) Employers are responsible for timely and accurate filing of
reports under this section. A report required by this section is consid-
ered filed with the division only when it accurately contains all of the
data elements specified under subsection (c) of this section and is re-
ceived by the division.
(e) This section is effective January 1, 2013.
160.3. Subscribing Employer's Report of Injury.
(a) An employer that has workers' compensation insurance
coverage (subscriber) shall file a report of injury with the division
pursuant to Labor Code 411.032. A subscribing employer's report of
injury filed in accordance with Labor Code 409.005 and applicable
division rules satisfies that employer's requirement to file a report of
injury under Labor Code 411.032, unless the division requests that
the employer file a report with the division for a specific injury.
(b) For an employee who has waived workers' compensation
insurance coverage in accordance with Labor Code 406.034, an em-
ployer covered by workers' compensation insurance, whether by com-
mercial insurance or through self-insurance as provided by the Texas
Workers' Compensation Act, shall file with the division a report of
each:
(1) death;
(2) on-the-job injury that results in more than one day's ab-
sence from work for the injured employee; and
(3) occupational disease of which the employer has knowl-
edge.
(c) The report of injury required by subsection (b) of this sec-
tion shall be filed in the form, manner, and timeframes prescribed by
the division in 160.2(b) and (c) of this title (relating to Non-Subscrib-
ing Employer's Report of Injury) and shall include a statement that the
injured employee has waived workers' compensation coverage in ac-
cordance with Labor Code 406.034.
(d) Employers are responsible for timely and accurate filing of
reports under this section. A report required by this section is consid-
ered filed with the division only when it accurately contains all of the
data elements specified under subsection (c) of this section and is re-
ceived by the division.
(e) This section is effective January 1, 2013.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on July 13, 2012.
TRD-201203614
Dirk Johnson
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Effective date: January 1, 2013
Proposal publication date: February 24, 2012
For further information, please call: (512) 804-4703
4 4 437 TexReg 5596 July 27, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012, periodical, July 27, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243959/m1/76/: accessed March 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.