(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 of Injury);
(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 receipt date.
(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 1, 2003.
The provisions of this § 124.1 adopted to be effective August 29, 1999, 24 TexReg 6503; amended to be effective March 14, 2004, 29 TexReg 2321.