GQ Corner
Q. We have a trucking company that is based in IL. They hired a driver out of their IL operations. He works as long haul trucker for them and was injured in Minnesota. He lives in TX, but that is the only connection to TX as he works out of IL, is managed out of IL, accident not in IL, but also not in TX. Because he lives in TX, will TX allow him to have a TX WC claim?
A. I think the answer to the question is found in § § 406.071 and 406.072 of the Texas Labor Code. Those sections identify the limits of coverage for injuries that occur outside the state of Texas.
Section 406.071 states that an employee who is injured while working in anther jurisdiction is entitled to all rights and remedies of the Texas act if the injury would be compensable if it had occurred in Texas and the employee has significant contacts with Texas or the employment is principally located in Texas.
An employee has significant contacts with Texas if the employee was hired or recruited in Texas and is injured within one year of the date of hire or has worked in Texas for at least 10 working days during the 12 months preceding the date of injury.
Section 406.072 states that the principal location of an employee’s employment is where the employer has a place of business at or from which the employee regularly works or the employee resides and spends a substantial part of his working time.
Based on these principles, if the claimant has worked for the insured for more than a year, and if he did not work in Texas for at least 10 working days during the year immediately preceding his injury, there is no Texas coverage.
However, if the employee worked for the insured for less than a year or if he did work in Texas for at least 10 working days during the year immediately preceding his injury, there is Texas coverage.
Q. I have a compensable fatality. The claimant’s attorney filed the DWC-42 with documents to the DWC office on 11/15/2019. The attorney sent me a copy of the documents for my file. Once they file and submit the documents to the DWC office, what is the process? Do I have to wait for DWC to review the documents and notify the carrier or do I initiate benefits?
A. Rule 132.17 sets out your basic obligations, which include investigating the claim to evaluate whether the death resulted from a compensable injury and either initiating benefits or disputing timely. You also need to identify all potential beneficiaries and send them a copy of the DWC-42 and PLN-12.
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