One of your employees was injured while at work, so you rushed to file your First Report of Injury immediately. The claim is set up and the investigation is underway. Now you can relax and take care of other pressing issues. After all, if the adjuster needs anything further they will let you know – right?
WRONG! It’s difficult, if not impossible, for adjusters to know what is going on at your campuses or in the departments. For the most part, by the time an adjuster knows of a reportable issue, the member is past their statutory reporting deadline.
The Texas Statute requires employers to report all lost time due to an injury on the job, regardless of whether the employee is paid in full for the time off. For example, if your First Report of Injury reflected the employee didn’t lose any time, but the employee calls in the next Monday to say he/she is going to the doctor, then by Thursday your carrier needs a DWC 6 Supplemental Report showing the employee missed a day of work.
Remember to file the DWC 6 Supplemental Report by the third day your employee started losing time or by the third day of the employee’s returning to work. If the employee was paid elected leave or salary for the days lost, then the employer must file that information on the DWC 6. Paid leave or salary, otherwise known as Post Injury Earnings, must be reported to the carrier by the 10th day of the pay period. However, if the carrier doesn’t have that information in writing, immediately Temporary Income Benefits will be paid as they accrue.
Failure to file required information can result in warnings and fines from the state and end up in overpayments that can’t legally be recouped. Be sure to alert the injured employee and the campus or location that any lost time or return to work for the injury must be reported to your WC Program Contact immediately!
Fund Members who are in the Workers' Compensation program and have myTASB access should use the prefilled DWC 6 Supplemental Forms and file directly with us. Those members not in the Fund Workers' Compensation program can pull the DWC 6 form (pdf) from the TDI website. Remember, the DWC 6 is a multipurpose form with different due dates.
Please note the following due dates for the form, based on employee status:
- If the employee has returned to work: Due within three days. Complete boxes 1-9; 10A; 11-15; 18.
- If the employee returned to work and has started losing time: Due within three days. Complete boxes 1-9; 10C; 11-14; 15 and/or 16.
- If the employee elects to use leave for waiting period and/or lost time: File ASAP, within no more than 10 days. Complete boxes 1-9; 10B; 11-14; 15; 21, and complete Post Injury Earnings Worksheet. The elected leave can be reported via a copy of the signed Leave Election Form with the daily rate and number of days completed.
- If the employee resigns or is terminated: Due within 10 days. Complete boxes 1-9; 10D; 11-14; 19.
- If the employee is working partial days or a different job earning different wages on restricted duty: Due every 10 days. Complete boxes 1-9; 10B; 11-14; 20; 21
Don’t forget! The employee must receive a copy of every DWC 6 Supplemental Form filed.
If you have further questions contact Laura Romaine, Workers’ Compensation Program Consultant, at 800.482.7276, ext. 2845.