Employer's Responsibility When a Worker is Injured in Texas

When a worker is injured on the job in Texas, it is important for employers to understand their responsibilities in order to provide appropriate support and adhere to legal requirements. The Texas Workers' Compensation system outlines certain obligations that employers must fulfill when an employee is injured in the workplace.

Reporting the Injury

One of the primary responsibilities of an employer is to report the injury to the appropriate parties. Within 8 days of being notified of the injury, the employer must file a First Report of Injury or Illness (DWC Form-001) with their workers' compensation insurance carrier. This form provides details about the incident, the injured employee, and the employer.

In addition to the initial report, employers are required to send a Supplemental Report of Injury (DWC Form-006) to both the insurance carrier and the injured employee. The timing of this report depends on specific circumstances:

• Within 10 days from the end of a pay period in which an employee's pay changes.
• Within 10 days from the date an employee resigns or is terminated.
• Within 3 days from the date the employee begins to lose time from work due to the injury.

Providing Medical Treatment

Employers are responsible for ensuring that injured workers receive appropriate medical treatment. They must provide the injured employee with a list of designated doctors, known as a "panel of doctors," from which the employee can choose a treating physician. This panel must consist of at least three doctors who are not in the same practice or clinic.

It is crucial for employers to promptly provide the panel of doctors to the injured employee after the injury is reported. Failure to do so may result in the employee seeking medical treatment from a doctor of their choice, which could potentially complicate the workers' compensation claim process.

Temporary Income Benefits

If an injured employee is unable to work due to their injury, employers are responsible for providing temporary income benefits (TIBs) to compensate for lost wages. TIBs are typically paid on a weekly basis and are calculated based on a percentage of the injured employee's average weekly wage.

Employers must ensure that TIBs are paid in a timely manner, following the guidelines set by the Texas Workers' Compensation system. Failure to provide TIBs as required can result in penalties and legal consequences for the employer.

Offering Return-to-Work Options

As part of their responsibility, employers should actively explore return-to-work options for injured employees. This may include providing modified or alternative work arrangements that accommodate the employee's physical limitations while they recover.

By offering suitable employment opportunities, employers can help injured workers transition back into the workforce, maintain their income, and facilitate their recovery process. This approach benefits both the employee and the employer by minimizing the impact of the injury on productivity and reducing workers' compensation costs.

Conclusion

When a worker is injured in Texas, employers have several important responsibilities to fulfill. By promptly reporting the injury, providing appropriate medical treatment, ensuring timely payment of temporary income benefits, and offering return-to-work options, employers can fulfill their obligations and support their injured employees throughout the recovery process.

Understanding and adhering to these responsibilities not only helps employers comply with legal requirements but also demonstrates a commitment to the well-being and safety of their workforce.