Important Labor Law Poster Changes for Texas Employers

The Texas Workers’ Compensation posters, which are required for every Texas employer, were recently revised to clarify that “illness” means “occupational illness.”

The Covered Employer Poster and the Self-Insured Poster were updated to reflect that the Division of Workers’ Compensation will process any requests for dispute resolution of a claim, and the Office of Injured Employee Counsel (OIEC) will provide free assistance and explain injured employees’ rights and responsibilities.

The Non-Covered Employer Poster was updated to reflect that injured employees should contact their employer regarding the availability of benefits for a work-related injury or occupational illness.

The labor law includes the following changes:

Covered Employer    Texas Workers’ Compensation Rule 110.101(e)(1) requires employers who are covered by workers’ compensation through a commercial insurance company to advise their employees that they have workers’ compensation insurance coverage and to inform them of the Texas Department of Insurance, Division of Workers’ Compensation’s toll-free number to obtain additional information about their workers’ compensation rights.

Non-Covered (or Uninsured) Employer   Texas Workers’ Compensation Rule 110.101(e)(4) requires employers who are not covered by workers’ compensation, either by election, cancellation or termination of coverage, to advise their employees that they do not have workers’ compensation insurance coverage.

Self-Insured Employer   Texas Workers’ Compensation Rule 110.101(e)(2) requires employers who become certified self-insurers under Labor Code 407 to advise their employees that they have been certified as a self-insurer and to inform them of the Texas Department of Insurance, Division of Workers’ Compensation’s toll-free number to obtain additional information about their workers’ compensation rights.

Employers must display the appropriate workers’ compensation notice in English, Spanish, and any other language common to their employees.

Employers who participate in the workers’ compensation system must also display the individual posting, Employer Notification of Ombudsman Program to Employees. The ombudsman notice (11" x 17") must be posted in the personnel office (or another location where employees are likely to see it) in English, Spanish, and any other language that is common to the company’s employees.