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Reporting of Claim by Employer Rule 120.2
If the employer has workers' compensation coverage or is a certified self-insurer they must:
- File the Employer's First Report of Injury or Illness (DWC-1) with their insurance carrier within eight (8) days from the date the employee is unable to work due to the injury or immediately if the injury is an occupational disease or death.
- Provide a copy of the DWC-1 and Employee's Rights and Responsibilities to the employee at the time the DWC-1 is filed.
- Check with the insurance carrier to see what methods of reporting they have available.
If the employer does not have workers' compensation insurance coverage and has more than 4 employees:
- If the employer has a reportable injury, by the seventh day of each month, they are required to complete the Non-covered Employer's Report of Occupational Injury or Illness (DWC-7), to report all fatalities, occupational diseases of which the employer has knowledge, and all on-the-job injuries resulting in more than one day's absence from work for the month prior to the filing date. Mail the DWC-7 to the Division at:Texas Department of Insurance, Division of Workers' Compensation
7551 Metro Center Drive, Ste 100, MS-93
Austin, Texas 78744-1669
Record Retention TLC 409.006, 28 TAC 120.1
An employer must keep a record of all work-related injuries, illnesses, and fatalities. The records must be kept for at least five (5) years from the last day of the year in which the injury, illness or fatality occurred, or for the period of time required by the Occupational Safety and Health Administration (OSHA), whichever is longer.
If these records are not kept, an employer could be fined up to $500 per occurrence.