Current through Reg. 49, No. 38; September 20, 2024
(a) In addition to the posted notice required
by subsection (e) of this section, employers, as defined by Labor Code §
406.001, shall notify
their employees of workers' compensation insurance coverage status, in writing.
This additional notice:
(1) shall be provided
at the time an employee is hired, meaning when the employee is required by
federal law to complete both a W-4 form and an I-9 form or when a break in
service has occurred and the employee is required by federal law to complete a
W-4 form on the first day the employee reports back to duty;
(2) shall be provided to each employee, by an
employer whose workers' compensation insurance coverage is terminated or
cancelled, not later than the 15th day after the date on which the termination
or cancellation of coverage takes effect;
(3) shall be provided to each employee, by an
employer who obtains workers' compensation insurance coverage, not later than
the 15th day after the date on which coverage takes effect, as necessary to
allow the employee to elect to retain common law rights under Labor Code
Chapter 406;
(4) shall include the
text required in the posted notice; and
(5) if the employer is covered by workers'
compensation insurance (subscriber) or becomes covered, whether by commercial
insurance or through self-insurance as provided by the Texas Workers'
Compensation Act (Act), shall include the following statement: "You may elect
to retain your common law right of action if, no later than five days after you
begin employment or within five days after receiving written notice from the
employer that the employer has obtained workers' compensation insurance
coverage, you notify your employer in writing that you wish to retain your
common law right to recover damages for personal injury. If you elect to retain
your common law right of action, you cannot obtain workers' compensation income
or medical benefits if you are injured."
(b) Notices required to be posted by this
rule shall be posted:
(1) by the
non-subscribing employer as provided in subsection (c) of this
section;
(2) by the employer who is
terminating workers' compensation insurance coverage, at the time the
employer's termination of coverage takes effect, unless a new policy will
maintain continuous coverage in which case the employees will be notified at
the time the new workers' compensation insurance policy takes effect;
(3) by the self-insurer as provided by the
Act, who is withdrawing from self-insurance, at the time the withdrawal takes
effect;
(4) by the employer who
becomes covered either by a workers' compensation insurance policy or through
self-insurance as provided by the Act, at the time coverage or certification
takes effect; and
(5) by the
employer whose workers' compensation insurance policy is canceled by the
insurance carrier, at the time the cancellation becomes effective if no new
workers' compensation insurance policy is obtained.
(c) On or after the effective date of this
rule, notices shall contain the specific text required by this rule. Any time
the information regarding workers' compensation insurance coverage status,
insurance carrier, or third party administrator changes, the notice shall be
updated to reflect current information.
(d) An employer who recruits an employee in
Texas to perform services outside of Texas, actually hires outside of Texas,
and has notices of workers' compensation insurance coverage posted
conspicuously at the place of hire and at the business location where the
employee will perform services, is not required to provide the additional
notice required in subsection (a) of this section to the employee.
(e) Employers shall post notices in the
workplace to inform employees about workers' compensation issues as required by
this rule. These notices shall be posted in the personnel office, if the
employer has a personnel office, and in the workplace where each employee is
likely to see the notice on a regular basis. The notices shall be printed with
a title in at least 26 point bold type, subject in at least 18 point bold type,
and text in at least 16 point normal type, and shall include ENGLISH, SPANISH,
and any other LANGUAGE common to the employer's employee population. The text
for the notices shall be the text provided by the division on the sample notice
without any additional words or changes.
(1)
Employers insured through a commercial insurance company shall post the
following notice:
Attached
Graphic
(2)
Employers who become certified self-insurers under Labor Code Chapter 407 shall
post the following notice:
Attached
Graphic
(3)
Employers who are a member of a self-insurance group under Labor Code Chapter
407A shall post the following notice:
Attached
Graphic
(4)
Employers who are not covered by workers' compensation (non-subscriber) shall
post the following notice:
Attached
Graphic
(f) Failure to post or to provide notice as
required in this rule is an administrative violation.
(g) This section is effective January 1,
2013.
