1. (a) As used in this section, the term "employer" means the employer for whom the employee was working when injured and the filing requirements apply during the time the employee is entitled to temporary income benefits.
2. (b) As provided in §129.4 of this title (relating to Adjustment of Temporary Income Benefit Amount), the employer shall file the Supplemental Report of Injury, in the form, format and manner prescribed by the commission. The report may be filed in writing, by electronic data interchange, or facsimile (fax). The report shall be filed with the employer's insurance carrier and provided to the employee within ten days after the end of each pay period in which the employee has a change in earnings as a result of the injury or within ten days after the employee resigns or is terminated.

3. (c) For injuries requiring a first report of injury to be filed, the employer shall file the Supplemental Report of Injury with the employer's insurance carrier and provide a copy to the employee within three days after:

   1. (1) the employee returns to work; or
   2. (2) the employee, after returning to work, experiences an additional day(s) of disability as a result of the injury.
4. (d) For purposes of this section, a report is filed with the insurance carrier when personally delivered, mailed, reported via facsimile (fax), or electronically submitted. A report is provided to the employee when personally delivered or mailed.
5. (e) The employer shall maintain a record of the date the supplemental report of injury is filed with the insurance carrier and provided to the employee. If a report required by this section has not been received by the insurance carrier, the employer has the burden of proving that the report was filed within the required time frame. The employer has the burden of proving that good cause exists if the employer failed to file the report.
6. (f) Failure to comply with the requirements of this section, without good cause, is a Class D administrative violation, subject to a penalty not to exceed $500, pursuant to Texas Labor Code, §409.005, and may be subject to a penalty not to exceed $10,000 pursuant to Texas Labor Code, §415.021, for repeated violation.

Source Note:The provisions of this §120.3 adopted to be effective January 1, 1993, 17 TexReg 8296; amended to be effective December 4, 1995, 20 TexReg 9698.