What are my responsibilities as an employer in Texas with regards to workers' compensation?
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As an employer in Texas, you are required to provide workers' compensation benefits to your employees, unless you qualify for an exemption. Workers' compensation is a system of benefits that provides medical treatment, wage replacement, and other benefits to employees who are injured or become ill as a result of their job duties.
Under Texas law, you must carry workers' compensation insurance if you have one or more employees, unless you are a sole proprietorship, partnership, or LLC with no employees. If you are exempted from carrying workers' compensation insurance, you must file a Form DWC-5 with the Texas Division of Workers' Compensation.
If an employee is injured on the job, you must report the injury to your insurance carrier within eight days of receiving notice of the injury. Failure to do so could result in a penalty of up to $25,000.
Your responsibilities as an employer regarding workers' compensation include:
- Posting notice of coverage: You must display a notice of workers' compensation coverage in a conspicuous place on your premises.
- Providing medical care: You are responsible for providing medical care to your employees who are injured or become ill as a result of their job duties.
- Wage replacement: You must provide wage replacement benefits to your employees who are unable to work due to their job-related injury or illness.
- No retaliatory action: You are prohibited from retaliating against employees who file workers' compensation claims or exercise their rights under the workers' compensation system.
- Maintaining accurate records: You must maintain accurate records of injuries and illnesses in the workplace, as well as any workers' compensation claims that are filed.
It is important to note that workers' compensation laws and regulations can be complex and may vary from state to state. If you have questions about your specific responsibilities as an employer in Texas, or if you are facing a workers' compensation claim, it is recommended that you consult with a licensed attorney who is experienced in the area of workers' compensation law.
