| (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.
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| Source Note: The provisions of this §110.101 adopted to be effective January 1, 1994, 18 TexReg 9195; amended to be effective August 1, 2000, 25 TexReg 3986; amended to be effective January 1, 2013, 37 TexReg 5577 |
