We have always stressed that it is the responsibility of employers to ensure the safety of their employees. When a worker is injured, an employer must follow certain reporting requirements. The steps an employer takes depends on whether it has workers’ compensation coverage or is a nonsubscriber.
- For employers that have workers’ compensation coverage, or are certified self-insurers, or part of a certified self-insurance group:
- The employer must file the Employer’s First Report of Injury or Illness (EFRII) with its insurance carrier. This paper must be filed within eight days of the employee’s injury or death.
- The employer must give the injured employee a copy of the EFRII and a copy of the Employee’s Rights and Responsibilities.
- For employers that are nonsubscribers:
- All employers in Texas are required to report any injuries or illnesses to the Department of Workers’ Compensation (DWC) and the Texas Department of Insurance (TDI).
- Nonsubscribers must report work-related injuries within seven days of an employee’s injury.
- Nonsubscribers must file a Non-Covered Employer’s Report of Occupational Injury or Illness.
What Happens If an Employer Fails to File an Employer’s First Report of Injury or Illness?
Section 409.005 of the Texas Workers’ Compensation Act requires an employer to submit an EFRII within eight days of an injury occurring. If the insurance carrier has not received the report within that period, the burden of proof is on the employer to show that it made a good faith effort to send in the injury report.
Two things can happen to an employer that fails to file a report with its carrier:
- The employer could be assessed a fine or penalty.
- The employer loses its right to reimbursement for any benefits.
The reporting requirements in Texas are taken very seriously. If your employer is negligent in reporting employee injuries, it could be liable for damages.
The Law Offices of Aaron Allison – Austin Workers’ Compensation Attorney