The Texas Department of Insurance, Division of Workers Compensation (DWC) is providing a grace period for employers without workers compensation insurance coverage or that terminated their coverage (non-subscribers) to report their non-coverage status to DWC without penalty.
This grace period also extends to non-subscribers with five or more employees that have not previously reported on-the-job injuries, illnesses, and fatalities to DWC. Historically, non-subscriber reporting rates are low, and DWC is offering this grace period to increase compliance with required state reporting.
Avoiding an Administrative Penalty
The grace period allows non-subscribers that have not previously reported their non-coverage status, to submit the DWC Form-005, Employer Notice of No Coverage or Termination of Coverage (DWC Form-005), without an administrative penalty during the Feb. 1, 2016, through April 30, 2016, reporting period.
Additionally, this grace period also allows non-subscribers with five or more employees that have not previously reported their injuries, illnesses, and fatalities, to submit the DWC Form-007, Employer’s Report of Non-Covered Employee’s Occupational Injury or Disease (DWC Form-007) without an administrative penalty for injuries, illnesses, and fatalities occurring on or after May 1, 2016.
By law, non-subscribers must annually notify DWC of their decision not to obtain workers comp insurance coverage by submitting the DWC Form-005 and must also report each on-the-job injury, occupational illness, or fatality resulting in more than one day of lost time to DWC by filing DWC Form-007.
Nonsubscribers that fail to comply with state requirements are subject to administrative penalties. Non-subscribers can file the DWC Form-005 with DWC online, by fax, or by mail. The DWC Form-007 may be filed by fax or by mail.
Non-subscriber Reporting Requirements A non-subscriber must file the DWC Form-005, Employer Notice of No Coverage or Termination of Coverage to DWC:
- Between Feb. 1 and April 30 each year;
- Within 30 days of hiring its first employee; or
- Within 10 days of DWC’s request. Non-subscribers with five or more employees must report each fatality, occupational disease, and o-the-job injury that results in more than one day of lost time to the DWC.
Non-subscribers must submit the DWC Form-007, Employer’s Report of Non-Covered Employee’s Occupational Injury or Disease to the DWC within the seventh day of the month following the month in which:
- The death occurred;
- The employee was absent from work for more than one day as a result of the on-the-job injury; or
- The employer acquired knowledge of the occupational disease.
Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com. Contact: email@example.com.
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