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TWCC Advisory 95-05



The Texas Workers' Compensation Act (the Act) was amended by the 74th Session of the Texas Legislature. The following outlines the responsibilities of the employer regarding the first report of injury effective September 1, 1995.

An employer shall report their injuries directly to their insurance carrier. Section 409.005(a) requires the employer to file a report of injury with the employer's insurance carrier and eliminates the employer's requirement to file a report directly with the Commission. The report to the carrier may be telephone, electronic, or written (on the TWCC-1 or an acceptable alternative form such as the new Acord4). The employer must report the injury to the insurance carrier not later than the eighth day after the employee's absence from work for more than one day due to an injury or not later than the eighth day after the day on which the employer receives notice that the employee has an occupational disease.

Effective September 1, 1995, the employer should no longer send the TWCC-1 to the Texas Workers' Compensation Commission.

An employer shall deliver a written copy of the report to injured employee. Section 409.005(c) requires the employer to deliver a written copy of the report of injury to the injured employee at the time that the report is made to the insurance carrier. If the employer reports the injury to the carrier telephonically, the employer is not relieved of the responsibility to proved a written copy of the report to the injured employee.

An employer shall provide the injured employee a summary of their rights and responsibilities. In addition to the report of injury, the employer must also provide the injured employee a summary of the employee's statutory rights and responsibilities under the Act. This summary must be provided to the injured employee at the same time as the report of injury. A Commission Rule adopting a plain language version of these rights and responsibilities has been proposed and, once adopted, the text must be used without changes. In the interim, the employer may fulfill the requirement of providing a summary of the employee's rights and responsibilities by giving the employee a copy of the TWCC Publication No-95-001 "Information for Injured Employees".

The following information must be included in the first report of injury when applicable:

  • Employee's Name
  • Employee's Social Security Number
  • Employee's Address
  • Employee's City
  • Employee's State
  • Employee's Postal Code (Zip Code)
  • Employee's Home Phone Number
  • Date of Injury
  • Date Lost Time Began (if applicable)
  • Employer's Name
  • Employer's Address
  • Employer's City
  • Employer's State
  • Employer's Postal Cod (Zip Code)
  • Date Report to the Carrier
  • Sex/gender
  • Date of Birth
  • Marital Status
  • Number of Dependents
  • Time of Injury
  • Nature of the Injury
  • Part of the Body Injured
  • Accident Description/Cause
  • Cause of the Injury
  • Postal Code (Zip Code) of Injury Site (location where the injury occurred)
  • Date of Return to Work (if applicable)
  • Date of Death (if applicable)
  • Date Reported to Employer
  • Date of Hire
  • Classification Code
  • Occupation Description
  • Wage and Wage Period
  • Number of Days Worked
  • Employer's FEIN Number at the injury site location
  • Employer's SIC Code (specific code for the injury site location)
  • Insurance Carrier's Name
  • Policy Number

An employer must keep a record of all injuries and fatal injuries to employees as reported to an employer in accordance with Commission Rule 120.1.

An employer shall file the Employer's Wage Statement, TWCC-3, and the Supplemental Report of Injury, TWCC-6 with their insurance company in accordance with Commission Rules.

The Commission will immediately begin monitoring employer compliance with the new statutory requirement to provide the injured employee with a summary of their rights and responsibilities but will not impose administrative penalties to their full extent until January 1, 1996. This is to allow employers an interim period to conform to the new procedures. Compliance with the requirements for timely filing of the first report of injury with the insurance carriers is not affected by this provision of an interim period.

For additional information or questions, please call the Information Services Center at 512-440-3789.

Signed August 31, 1995

Todd K. Brown, Executive Director