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TX · EMPLOYER REFERENCE

Texas workers comp.

How optional coverage works in Texas, what you must still do without it, and the risks of going without a policy.

Sources reviewed October 27, 2026 · Confirm current rules with the agency

When coverage is required

Most private employers in Texas can choose whether to carry workers' comp. Employers without it are called non-subscribers. This choice has limits. Public employers, some industries, and some contracts still require coverage. Check what applies to you before you take on work or decide not to buy a policy.

Owners and worker status

Do not assume an owner is covered, or left out, just because most private employers can choose. Whether an owner can be covered depends on the business type and the policy. Confirm your own status, how your workers are classified, and any contracts that require coverage with a licensed insurer or the Texas Department of Insurance.

Non-subscriber responsibilities

If you go without coverage, you still have notices and reports to file. Non-subscribers must file a yearly notice saying they have no coverage and give workers the required notices. If you have five or more employees, you must report certain work injuries, job-related illnesses, and deaths to the state. The state says the deadline is one month and seven days. Use the official guide to see which events to report and when the clock starts.

If an employee is injured

Workers generally must tell you within 30 days of the injury, or of learning that an illness is work-related. They must file DWC Form-041 with the state within one year to protect a claim. If you have coverage, report injuries with lost time, job-related illnesses, and deaths to your insurer. Follow your insurer's and the state's reporting steps quickly. The worker's 30 days do not give you 30 days to report.

The risk of going without coverage

Non-subscribers lose important legal protections, including protection from most injury lawsuits by employees. If you are found careless, you can owe large damages. Missing required notices or filings can also bring fines. Weigh these risks, not just the price of a policy, when you decide.

How to get covered

Shop with an insurer or agent licensed in Texas, and compare quotes using the same work and payroll numbers. Some employers can qualify to self-insure, alone or in an approved group. Once you are covered, post the required workplace notices and keep claim reporting contacts handy.

Benefits and return-to-work planning

A work injury can lead to medical care, time off work, a lasting disability, or benefits for family members if a worker dies. Who qualifies, waiting periods, how wages are figured, and benefit limits all depend on state law and the facts of the claim. Ask your insurer which benefits it is looking at and what records it needs. Go by the doctor's work limits, not your own guess about what the worker can do. If you can offer lighter work, describe the duties and hours clearly and plan it with the doctor and your insurer.

Preparing an accurate cost estimate

Gather payroll by job and location, a description of each type of work, details on working owners, subcontractor records, and your past claims. Ask the insurer to confirm your job classes, how the rate is figured, any experience modifier, the minimum premium, fees, and audit terms. This site's calculator uses a base rate that you enter. It does not give a state-approved rate or a real quote. Compare offers using the same numbers, and track staff and work changes during the year so the final audit is easier.

Forms, posters, and notices

These links go straight to Texas’s official forms. Your insurer can often send a poster with your policy details already filled in.

Weekly benefit limits

These limits cap the wage replacement checks an injured worker can get. Medical care is paid separately. Limits change every year, so check the source for the latest figures.

Maximum
$1,314 a week
Minimum
$197 a week
Applies to
Temporary income benefits for injuries from October 1, 2026 to September 30, 2027

Check a contractor’s coverage

TDI offers a workers' comp coverage verification search. It will not show employers who chose not to carry coverage.

How to request and check a certificate of insurance

Owner exemptions and elections

Owner choices are usually made through your insurance policy. Ask your insurer which owners are included or left out, and get the answer in writing.

Frequently asked questions

Is workers' comp required in Texas?

No for most private employers. Texas lets businesses choose, but employers without coverage (non-subscribers) lose key legal protections. Public employers and some contracts require coverage.

Do business owners need workers' comp in Texas?

Owner coverage depends on the business type and the policy. Confirm your own status and any contract requirements with a licensed insurer or the Texas Department of Insurance.

How long does an employee have to report a work injury in Texas?

Employees generally must tell the employer within 30 days of the injury and file a claim (DWC Form-041) within one year.

What happens if a Texas business doesn't have workers' comp?

There is no fine simply for not subscribing. Non-subscribers can be sued for negligence without the usual defenses and must file annual non-coverage notices and certain injury reports.

How do I get workers' comp insurance in Texas?

Buy from a Texas-licensed insurer, or qualify for certified self-insurance or a self-insurance group.

How much does workers' comp cost in Texas?

Cost depends mostly on your job class codes, the payroll in each class, your experience modifier, and the insurer's rates and minimum premium. Ask a licensed insurer or agent for the base rate for your class code in Texas, then use this site's calculator for a rough estimate. Your final premium is set at the yearly audit.

Your next steps

  • Count your employees, check owner rules, and list every place people work.
  • Ask a licensed insurance agent to review your business.
  • Keep proof of coverage and set up a way to report injuries.

Official sources & further reading

TDI: employer workers compensation resourcesTDI: non-subscriber responsibilities and risksTDI: non-subscriber injury reportingTDI: employee claim and notice FAQsTDI: employer insurance FAQs

This summary is for learning, not legal advice. Exceptions and changes may apply. If anything here differs from the official agency or the law, they are what count.