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CAS News & Updates
The following information contains Covered Employer Responsibilities with regard to timely filing of DWC-1, DWC-3 and DWC-6 forms. Please be aware that the Texas Department of Insurance (TDI) is enforcing these timeframes very strictly and imposing fines for any late filings. If you need additional information, please contact your claims representative at (800) 765-2412.
 
Texas Dept. of Insurance, Division of Workers' Compensation
Covered Employer Responsibilities

An employer must report the following to its insurance carrier within either (8) days of the date:

  • an employee misses more than one day of work because of a work-related injury;
  • an employer knows about an occupational disease or illness even if the employee has not missed any work; or
  • an employee dies because of a work-related injury or illness.

An employer may report the injury or illness to its insurance carrier by mail, fax, telephone or electronic transmission and should keep a record of the date each injury is reported to its carrier.

An employer is required to provide a copy of the completed Employer's First Report of Injury or Illness (DWC-1) to the injured worker at the same time the injury is reported to its insurance carrier. An employer must also provide a copy of "Injured Workers' Rights and Responsibilities" to the injured worker.

To view or print a copy of the "Injured Workers' Rights and Responsibilities," visit the Division's website at www.tdi.state.tx.us/wc/information/workerrights.html.

The insurance carrier and the employer may agree to have the insurance carrier send a copy of the Employer's First Report of Injury and Illness (DWC-1) and Injured Workers' Rights and Responsibilities to the injured worker. However, an employer can be fined up to $500 per occurrence if the employer or the carrier fails to provide this information.

 
Employer's Wage Statement [Rule 120.4]
An employer is required to report an injured worker's wages and other fringe benefits (i.e., health premiums, uniform allowance, etc.) to the insurance carrier. The employer is required to send the Employer's Wage Statement (DWC-3) to the insurance carrier and the injured worker within 30 days of the date that income benefits begin to accrue (the 8th day missed from work). An employer is not required to send a copy of the wage statement to the Division unless the Division requests the statement.
 
Supplemental Report of Injury [Rule 120.3]

An employer must report any changes in an injured worker's pay or employment status to the insurance carrier. The employer must send the Supplemental Report of Injury (DWC-6), to the insurance carrier and the injured worker within:

  • ten (10) days from the end of a pay period in which an injured worker's pay changes; and
  • ten (10) days from the date an injured worker resigns or is terminated; and
  • three (3) days from the date the injured worker returns to work; and
  • three (3) days from the date an injury causes an employee to miss additional work after returning to work.

If an employer does not send the required forms, or does not send the forms on time, the employer could be fined up to $500 per occurrence.