Texas Workers' Compensation

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§ 409.011. Information Provided To Employer; Employer’s Rights

(a) Immediately on receiving notice of an injury or death from any person, the division shall send to the employer a description of:

(1) the services provided by the division and the office of injured employee counsel;

(2) the division’s procedures; and

(3) the employer’s rights and responsibilities under this subtitle.

(b) The information must include a clear statement of the following rights of the employer:

(1) the right to be present at all administrative proceedings relating to an employee’s claim;

(2) the right to present relevant evidence relating to an employee’s claim at any proceeding;

(3) the right to report suspected fraud;

(4) the right to contest the compensability of an injury if the insurance carrier accepts liability for the payment of benefits;

(5) the right to receive notice, after making a written request to the insurance carrier, of:

(A) a proposal to settle a claim; or

(B) an administrative or a judicial proceeding relating to the resolution of a claim; and

(6) the right to contest the failure of the insurance carrier to provide accident prevention services under Subchapter E, Chapter 411.

(c) The division is not required to provide the information to an employer more than once during a calendar year.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), § 3.142, eff. September 1, 2005.

Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), § 8, eff. June 9, 2017.

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At a Glance:

Title:

§ 409.011. Information Provided To Employer; Employer’s Rights

Code:

Labor Code

Status:

Current

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