Employers who fail to maintain such records without good cause may be assessed an administrative penalty not to exceed $500 per record.
What are the responsibilities of the employing institution?
University of Texas System Institutions have responsibilities to the injured employee, The University of Texas System Workers' Compensation Insurance Office (WCI) and the Texas Department of Insurance- Division of Workers' Compensation (DWC). WCI Representatives ensure timely compliance by the employing institution.
Responsibilities to the injured employee include:
- Notifying the injured employee that his or her injury may be covered under the workers' compensation program.
- Arranging for appropriate medical treatment in emergency situations. Keep in mind the injured employee has the right to select his or her own treating physician. It is inappropriate to force the employee to see a health care provider if the employee does not want medical attention.
What if medical treatment is required?
- If medical treatment is required, it may be necessary to assure the provider the injured worker is covered by workers' compensation insurance.
How do I assure the provider the injured worker is covered by worker's compensation insurance?
Please use the following statement in these instances:
"I confirm The University of Texas System is self-insured for workers' compensation. Employees of The University of Texas System who are injured in the course and scope of employment are entitled to reasonable and necessary medical treatment which will be covered and paid for in compliance with Texas Department of Insurance, Division of Workers' Compensation regulations. Please direct further inquires regarding this claim to The University of Texas System Workers' Compensation Insurance Office."
It is not appropriate to "guarantee" payment for services. Other than verifying coverage for initial medical treatment, calls from health care providers should be referred to WCI.
How can I assist the injured employee?
- Accommodate the injured employee in appropriate situations by modifying work schedules, equipment and/or duties to enable the employee to enjoy equal employment opportunities.
What are my responsibilities to The University of Texas System WCI office and DWC?
- Collect all pertinent information regarding the job-related injury to be reported to WCI, including witness statements if circumstances warrant.
- Maintain a detailed record of the job-related injury, even if the employee did not lose time from work as a result of the injury. This record must be preserved for at least five years after the date of injury.
- Submit the Employer's First Report of Injury Form (DWC-1) to WCI, preferably within 24 hours.
If an employee misses more than one day of work due to the injury or if the injury is an occupational disease, WCI must mail or deliver the Employer's First Report of Injury Form to DWC no later than the eighth day after the employee's absence from work for one day due to the injury or, in the case of an occupational disease, no later than the eighth day after receiving notice that the employee has contracted an occupational disease. Therefore, timely reporting of injuries to WCI is critical.
What if the employee's injury is critical or results in death?
In the event of critical injury or death, WCI must be contacted by telephone immediately, followed by the electronic submission of the Employer's First Report of Injury form.
What other forms are required?
Employers must submit the Supplemental Report of Injury Form(DWC-6) to WCI as scheduled:
Within three days after--
- The injured employee returns to work.
- The injured employee, after returning to work, experiences an additional day(s) of disability as a result of the injury.
Within 10 days after---
- The end of each pay period in which the employee has a change in earnings as a result of the injury.
- The employee resigns or is terminated.
Submitting the Employer's Wage Statement Form
Employers must submit the Employer's Wage Statement Form (DWC-3) to WCI as well as the injured employee's absence exceeds more than eight days of work due to the injury. The employer shall file a signed wage statement with WCI within 30 days of the date that weekly benefits begin to accrue (eighth day of disability).
Submitting the Request for Paid Leave
Employers must submit the Request for Paid Leave (Form-23) form if the employee chooses to utilize any accrued sick leave or vacation leave for the time lost due to the injury. (Note: The employee has the right to elect not to utilize accrued paid leave for this lost time).
Many forms are in PDF format and require Adobe Reader.
