Court Opinions

State Laws

US Code

US Constitution

Texas Labor Code - Section 409.005. Report Of Injury; Modified Duty Program Notice; Administrative Violation

Legal Research Home > Texas Lawyer > Labor Code > Texas Labor Code - Section 409.005. Report Of Injury; Modified Duty Program Notice; Administrative Violation

§ 409.005. REPORT OF INJURY;  MODIFIED DUTY PROGRAM 
NOTICE;  ADMINISTRATIVE VIOLATION.  (a) An employer shall report to 
the employer's insurance carrier if:
		(1)  an injury results in the absence of an employee of 
that employer from work for more than one day;  or
		(2)  an employee of the employer notifies that employer 
of an occupational disease under Section 409.001.
	(b)  The report under Subsection (a) must be made not later 
than the eighth day after:
		(1)  the employee's absence from work for more than one 
day due to an injury;  or
		(2)  the day on which the employer receives notice 
under Section 409.001 that the employee has contracted an 
occupational disease.
	(c)  The employer shall deliver a written copy of the report 
under Subsection (a) to the injured employee at the time that the 
report is made to the insurance carrier.
	(d)  The insurance carrier shall file the report of the 
injury on behalf of the policyholder.  Except as provided by 
Subsection (e), the insurance carrier must electronically file the 
report with the division not later than the seventh day after the 
date on which the carrier receives the report from the employer.
	(e)  The commissioner may waive the electronic filing 
requirement under Subsection (d) and allow an insurance carrier to 
mail or deliver the report to the division not later than the 
seventh day after the date on which the carrier receives the report 
from the employer.
	(f)  A report required under this section may not be 
considered to be an admission by or evidence against an employer or 
an insurance carrier in a proceeding before the division or a court 
in which the facts set out in the report are contradicted by the 
employer or insurance carrier.
	(g)  In addition to any information required under 
Subsection (h), the report provided to the injured employee under 
Subsection (c) must contain a summary written in plain language of 
the employee's statutory rights and responsibilities under this 
subtitle.
	(h)  The commissioner may adopt rules relating to:                             
		(1)  the information that must be contained in a report 
required under this section, including the summary of rights and 
responsibilities required under Subsection (g);  and
		(2)  the development and implementation of an 
electronic filing system for injury reports under this section.
	(i)  An employer and insurance carrier shall file subsequent 
reports as required by commissioner rule.
	(j)  The employer shall, on the written request of the 
employee, a doctor, the insurance carrier, or the division, notify 
the employee, the employee's treating doctor if known to the 
employer, and the insurance carrier of the existence or absence of 
opportunities for modified duty or a modified duty return-to-work 
program available through the employer.  If those opportunities or 
that program exists, the employer shall identify the employer's 
contact person and provide other information to assist the doctor, 
the employee, and the insurance carrier to assess modified duty or 
return-to-work options.
	(k)  This section does not prohibit the commissioner from 
imposing requirements relating to return-to-work under other 
authority granted to the division in this subtitle.
	(l)  A person commits an administrative violation if the 
person fails to comply with this section unless good cause exists.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 1995, 74th Leg., ch. 980, § 1.29, eff. Sept. 1, 1995;  
Acts 2001, 77th Leg., ch. 1456, § 3.01, eff. June 17, 2001;  Acts 
2005, 79th Leg., ch. 265, § 3.137, eff. Sept. 1, 2005.

Last modified: August 10, 2007