Employer Responsibilities for On the Job Injuries. Laura Romaine WC Program Consultant TASB Risk Management Fund

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1 Employer Responsibilities for On the Job Injuries Laura Romaine WC Program Consultant TASB Risk Management Fund This information is provided for educational purposes only to facilitate a general understanding of the law or other regulatory matter. This information is neither an exhaustive treatment on the subject nor is this intended to substitute for the advice of an attorney or other professional advisor. Consult with your attorney or professional advisor to apply these principles to specific fact situations TASB Risk Management Fund. All rights reserved.

2 Worker s Comp or Group Employees of political subdivisions can t reject WC Group Insurance does not cover WC Do not distribute New Employee Notice as written in statute Copyright 2015 TASB Risk Management Fund. All rights reserved.

3 Required WC Postings Notice 6 - Notice of Coverage (1/13) or Notice 7 (1/13) Ombudsman Notice (9/13) Political Subdivision Medical Alliance or Medical Network Notice 9 Notice to Emergency Workers (Required only if Employer employs Police or Security Officers. Posting is required only where emergency personnel will see it.) (10/05) Notice 8 Required WC Coverage for Contractors (10/05)

4 Post Properly Written notice must be posted in English, Spanish and any other appropriate language Must be in personnel office (if any) and any other prominent place where all employees can see it regularly Notice must be in the wording and format adopted by the Division Employer can be fined up to $25,000 for not properly posting.

5 Record of Injuries Employers must keep a record of all work-related reported injuries, illnesses & fatalities. (Use the First Report of Injury.) Keep records for at least 5 years from the last day of the year in which the incident occurred. Employers can be fined up to $25,000 per occurrence for not keeping record.

6 First Report of Injury An Employer must file a First Report of Injury with their carrier within 8 days of notice of: Work related injury where employee misses more than 1 day of work Occupational disease or illness regardless of lost time (carpal tunnel syndrome, asthma, etc.) Death of an employee due to work related injury or illness Failure to complete this information can result in fines up to $25,000 a day per occurrence.

7 Notify the Employee The injured employee must receive a copy of the First Report of Injury You are required to give the employee a copy of Notice of Injured Employee Rights and Responsibilities in the Texas Workers Compensation System (6/012)

8 Important Things to Know First Report of Injury is an Employer report. An injured employee should not be expected to complete the form. If anyone in management (or in a position employee s are required or expected to report to) knows of an injury/incident that meets requirements, then the member complete a First Report of Injury. Until incident/injury is reported to the carrier and position filed, the member may have exposure on the claim. Group Insurance does not cover workers compensation injuries

9 Temporary Income Benefits TIBS are due when an employee is medically unable to work due to a compensable on the job injury. The first 7 calendar days of lost time is a mandatory waiting period. An employee is NOT paid under Workers Compensation for these days unless they miss 14 or more calendar days of time. Workers Compensation pays: 70% of Average Weekly Wage for employees who make $10.00 or more an hour 75% of Average Weekly Wage for employees who make less than $8.50 an hour. (There is a 26 week maximum then it reduces to 70%.)

10 Election of Benefits Employees must elect to use leave for any lost time Check your policy to determine if you are offsetting or non-offsetting Assault leave must be coordinated TIBs Immediately file total number of days elected and amount to be paid with on D6 Supplemental Report of injury

11 Medical Acknowledgement Ensure employee is aware medical treatment must be with an Alliance or Network provider by having them sign any applicable acknowledgment form Give employee any temporary medication card such as the Progressive Medical First Fill

12 Keep In Touch Supervisors and employees should remain in regular contact, even if they are losing time Consider restricted duty options Alert Claims Department of any changes, news or concerns

13 D6 Supplemental Report of Injury Your Carrier must be notified within 3 days of: RTW in full or limited duty. Additional lost time. Your Carrier must be notified within 10 days of: Earning more or less than pre-injury wage due to injury (modified duty, elected leave) Employee resigns or is terminated.

14 The Supplemental Report Be sure to train campuses/departments to report immediately when there is a change in status. This is a multipurpose form complete only the portion applicable to the reason you are filing. You must copy the employee on all completed DWC 6 Supplemental Reports. Employers can be fined up to $25,000 a day per occurrence for not completing the supplemental report.

15 The Wage Statement A Wage Statement must be filed with your Carrier within 30 days of the earliest from: The employee s 8 th day of disability The date the employer is notified that the employee is entitled to income benefits The date of the employee s death as a result of a compensable injury A copy of the wage statement must be given to the employee! An employer can be fined up to $25,000 a day per occurrence for failing to file a wage statement.

16 D3SD Wages for School Districts Report the wages EARNED in a week rather than paid in a week. Determine average daily rate, i.e. the amount that would be deducted from salary if an employee was absent from work for and did not have any leave time available. Multiply the daily rate by the number of days scheduled to work. Count any paid leave days and paid holidays. Do not count any docked days or unpaid holidays.

17 D3SD Wages for School Districts cont Contract Employees include total value of contract, including any stipends the employee was earning or scheduled to receive, and any amount of TRS supplement the employee received in his paycheck. Be sure to include the number of days for the current school year. Non-Contract Employees include only wages earned 13 weeks prior to date of injury. Do not include any wages earned on or after date of injury. Annual Wages Complete for all employees.

18 D3 Wage Statement for Employers Complete both pecuniary and nonpecuniary areas of the form File an amended D3 Wage Statement within 10 days if you stop paying non-pecuniary benefits

19 Wage Statement Reminders A similar employee has training, experience, skills and wages comparable to the injured employee and performs comparable tasks in nature and in number of hours Employee must receive a copy of the Wage Statement

20 Where to Find Information & Forms All Employer postings and forms can be found at us/forms/form20emplo yer.html TASBRMF WC Members find all the information and much more at

21 For More Info Laura Romaine WC Program Consultant Phone: (800) ext Fax: (800)