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Advisory 93-06

Written Notice of Injury and Initiation of Temporary Income Benefits or Notice of Dispute

Commission Rule 124.1 (amended March 1993), Written Notice of Injury, defines the earliest receipt of written notice and how the carrier is to respond to that notice. Commission Rule 124.7 (amended March 1993), Initial Payment of Temporary Income Benefits, defines accrual date, day of disability, and timely initiation of payment or timely notice of dispute. The effect of the rule changes is as follows:

Rule 124.1, Written Notice of Injury:

It will be presumed that the carrier received written notice no later than the date the Commission received written notice for those documents required to be filed with both the carrier and the Commission. The carrier has the burden of proving that it did not receive or timely receive the written notice. The carrier should have standard procedures in place for handling and processing written notices and monitoring claim files.

Rule 124.7, Initial Payment of Temporary Income Benefits

After receiving written notice of an injury, the insurance carrier shall:

1. Initiate temporary income benefits no later than the 7 th day after the accrual date and file a TWCC-21, "Payment of Compensation or Notice of Refused/Disputed Claim," within 10 days of initial payment (Rule 124.2); or

File a TWCC-21, "Payment of Compensation or Notice of Refused/Disputed Claim," when disputing or refusing payment within 7 days or receipt of written notice of claim that has more than 7 days of disability (Rule 124.6).

The accrual date is the 8 th day of disability after the day of injury (intermittent days of disability will be cumulated).

Signed this 15 th day of April, 1993.

Todd K. Brown
Executive Director


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