(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:
(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.
The provisions of this §160.3 adopted to be effective February 2, 1996, 21 TexReg 515; amended to be effective January 1, 2013, 37 TexReg 5592.