No Coverage of Workers Compensation Insurnace in Texas (non-subscribers)

What are the requirements for employers in Texas who do not offer workers compensation insurance?

Non-subscribers (no coverage) of Texas workers' compensation insurance.

Texas is the only state that does not mandate some form of insurance coverage for workers.  Because of this, knowing your coverage status as an employee and your reporting requirements as a business owner are very important.

Coverage generally falls into two categories, subscribers, those with Texas workers compensation insurance coverage and non-subscribers, those without coverage.

For those non-subscribers who do not provide workers compensation insurance, several important requirements apply.

• You must report your coverage status to the Texas Department of Insurance annually
• If you have five of more employees, you must also report any work related fatality, occupational injury, illness or disease that results in one or more day of 'lost time' using DWC form -007.

Legal consideration for non-subscribers

As a non-subscriber in Texas who does not provide workers compensation insurance coverage certain legal considerations must be taken into account.

While not always required, having workers compensation insurance can provide legal protections and limit liability.

In general, non-subscribers do not have legal protections from lawsuits by injured workers and may be responsible for medical and income benefits. 

The following chart from the Texas of Department of Insurance website illustrates the types of coverage scenarios in Texas.  

When must coverage status be reported?

For non-subscribers in Texas, you must report your coverage status to the Texas Department of Insurance annually, February 1st to April 30th.

During this period you must submit a "DWC Form-005 employer notice of no coverage or termination of coverage".

How to I find out if my employer offers workers compensation insurance?

To check the coverage status of your employer you may call the Texas Department of Insurance at 800-252-7031.

Or, you can check the coverage status online.

If you have been injured at work in Texas and you are covered by workers compensation insurance learn what steps to take next and how long you have to report your injury.