| (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
employer covered by workers' compensation insurance, whether by commercial
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 absence from work for the injured employee; and
(3) occupational disease of which the employer has
knowledge.
(c) The report of injury required by subsection (b)
of this section 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-Subscribing Employer's Report of Injury) and shall
include a statement that the injured employee has waived workers'
compensation coverage in accordance 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 considered filed with the division only when it accurately contains
all of the data elements specified under subsection (c) of this section
and is received by the division.
(e) This section is effective January 1, 2013.
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