|(a) Except as provided in subsections (b) and (c) of
this section, written notice of injury, as used in the Texas Workers'
Compensation Act, §409.021, consists of the insurance carrier's
earliest receipt of:
(1) the Employer's First Report of Injury as described
in §120.2 of this title (relating to Employer's First Report
(2) the notification provided by the Commission under
subsection (e) of this section; or
(3) if no Employer's First Report of Injury has been
filed, any other communication regardless of source, which fairly
informs the carrier of the name of the injured employee, the identity
of the employer, the approximate date of the injury and information
which asserts the injury is work related.
(b) Written notice of injury for a certified self-insurer
is received on the date the qualified claims servicing contractor
designated by the self-insurer under Texas Labor Code §407.061(c)
receives the notice.
(c) Written notice of injury for a political subdivision
that self-insures under Texas Labor Code §504.011, either individually
or through an interlocal agreement with other political subdivisions,
is received on the date the intergovernmental risk pool or other entity
responsible for administering the claim receives the notice.
(d) The carrier shall immediately create a written
record on paper or in an electronic format of the earliest notice
of injury as defined in subsection (a) of this section that is not
received in writing. The date of receipt of a written notice of injury
shall be deemed to be the earliest date the carrier receives the information
identified in subsections (a)(1), (2), or (3) of this section. Upon
request of the Commission, a carrier shall provide an affidavit indicating
the receipt or non-receipt of a notice of injury received and the
(e) The Commission shall furnish written notification
to the carrier when a source other than the carrier reports:
(1) an injury that may cause the employee eight days
or more of disability or has resulted in an impairment;
(2) a death; or
(3) an occupational disease.
(f) If a carrier is notified of an injury for which
it has not received an Employer's First Report of Injury, from the
employer, the carrier shall contact the employer regarding the injury
within seven days of notification.
(g) Subsections (b) and (c) of this section apply only
to compensable injuries with a date of injury on or after September