Pursuant to House Bill 7 (79th Legislature), the Public Counsel for the Office of Injured Employee Counsel developed and submitted a notice of injured employee rights and responsibilities to the Texas Department of Insurance (Department) and the Texas Department of Insurance, Division of Workers Compensation (Division). The Texas Labor Code §404.109 requires the notice to be adopted by the Commissioner of Workers' Compensation and Commissioner of Insurance and the distribution of the notice is to be provided by rule.
The Notice of Injured Employee Rights and Responsibilities as submitted by the Public Counsel is now approved for use. The Division is now providing the new notice to injured employees. The new notice may be found on the Division's website at www.oiec.texas.gov/employee/rights.html
The new notice will replace the language contained in 28 TAC §120.2(e), Your Rights in the Texas Workers' Compensation System/ Your Responsibilities in the Texas Workers' Compensation System. The rule will be amended in the near future to provide for the distribution of the new notice.
In order to minimize confusion while the rule is being developed, all system participants are asked to use the language of the new notice in all communications with injured employees. In addition, insurance carriers are asked to notify their workers' compensation policyholders of the new notice for communication with their employees.
Questions regarding this bulletin should be directed to Customer Services 512-804-4636, or sent to WorkersCompCustomerServices@tdi.state.tx.us
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Albert Betts Mike Geeslin
Commissioner of Workers' Compensation Commissioner of Insurance