CRE(LEGAL) - INSURANCE AND ANNUITIES MANAGEMENT: WORKERS' COMPENSATION

Options

  1. Becoming a self-insurer.
  2. Providing insurance under workers' compensation insurance contracts or policies.
  3. Entering into interlocal agreements with other political subdivisions providing for self-insurance.

Labor Code 504.011

Definition

Optional Coverages

Notice

Report to Carrier

First Report of Injury

  1. Death;
  2. On-the-job injury that results in an employee's absence from work for more than one day; and
  3. Occupational disease of which the ESC has received notice of injury or has knowledge. "Knowledge" means receipt of written or verbal information regarding diagnosis or diagnosis through examination or testing by a doctor employed by the ESC.

Copy to Employee

Notice of Modified Duty Program

Supplemental Report of Injury

  1. The end of each pay period in which the employee has a change in earnings, including all post-injury earnings as defined in 28 Administrative Code 129 [see Offsetting Paid Leave Against Workers' Compensation Income Benefits, below], as a result of the injury; or
  2. The employee resigns or is terminated.
  1. The employee begins losing time from work as a result of the injury;
  2. The employee returns to work; or
  3. The employee, after returning to work, experiences an additional day of disability as a result of the injury.

Labor Code 409.005; 28 TAC 120.2, .3

Injury and Occupational Disease Report

Wage Reports

  1. The date the ESC is notified that the employee is entitled to income benefits; or
  2. The date of the employee's death as a result of a compensable injury.

28 TAC 120.4(a)

Ombudsman Program

Reports of Safety Violations

Relation to Paid Leave

  1. The value of any full days of accrued sick or annual leave that the employee voluntarily elects to use after the date of injury; and
  2. The value of any partial days of accrued or annual leave that the employee has voluntarily elected to use after the date of injury that, when combined with the employee's TIBs, exceeds the AWW.

28 TAC 129.2

Offsetting Paid Leave Against Workers' Compensation Income Benefits

Prohibited Discrimination

  1. Filed a workers' compensation claim in good faith.
  2. Hired a lawyer to represent the employee in a claim.
  3. Instituted or caused to be instituted in good faith a proceeding under the Texas Workers' Compensation Act.
  4. Testified or is about to testify in a proceeding under the Texas Workers' Compensation Act.

Labor Code 451.001

Claims by First Responder

Note: A retaliatory discharge claim may not be brought against a political subdivision without its consent. Labor Code Chapter 451 notwithstanding, current state law does not waive a political subdivision's immunity and provide consent. Labor Code 504.053(e); Travis Cent. Appraisal Dist. v. Norman, 342 S.W.3d 54 (Tex. 2011)

Leaves of Absence

Region XIV Education Service Center

CRE(LEGAL)-ESCA

UPDATE 23

DATE ISSUED: 6/20/2018