Jan. 1 to Bring New Texas Work Comp Nonsubscriber Reporting Requirements

Effective Jan. 1, 2013, Texas employers who do not carry workers’ compensation insurance coverage have new requirements for reporting their non-coverage status to the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC), the state agency responsible for regulating workers’ compensation, and to their employees. In addition, they are required to report work-related injuries and occupational illnesses to the TDI-DWC. An employer’s failure to comply with these notification requirements is an administrative violation and the employer may be subject to penalties

For notices required to be submitted to the TDI-DWC on or after Jan. 1, 2013, employers must file the DWC Form-005:

• annually between February 1st and April 30th of each calendar year as long as the employer remains in operation and does not have workers’ compensation insurance coverage (covering a notice period of May 1st of the year of notice submission through April of the subsequent year);
• within 30 days of the employer hiring its first employee, unless this due date falls between February 1st and April 30th and the employer submits the notice within this time period; and
• within 10 days of receipt of a TDI-DWC request for filing a notice of no coverage.

An employer reporting notice of termination of coverage must file the DWC Form-005:

• within 10 days after notifying the insurance carrier of the termination of coverage unless the employer purchases a new policy or becomes a certified self-insurer; and
• annually thereafter, on the anniversary of the cancelation date of the workers’ compensation policy as long as the employer remains in operation and does not have workers’ compensation insurance coverage.

More information may be found online at: http://www.tdi.texas.gov/news/2012/news2012113.html.

Topics Texas Workers' Compensation