Workers Compensation Texas Requirements

workers compensation requirements

Workers Compensation Texas Requirements: A Comprehensive Guide

As a business owner in Texas, it is crucial to understand the state’s workers’ compensation requirements to protect your employees and your company. Workers’ compensation insurance covers medical expenses, lost wages, and other benefits for employees who get injured or become ill while on the job. In this comprehensive guide, we will discuss everything you need to know about workers’ compensation Texas requirements, including the coverage, benefits, exemptions, and how to obtain workers’ compensation insurance for your business.

What is Workers’ Compensation?

Workers’ compensation insurance is a type of coverage that provides medical aid and wage replacement if an individual sustains injury or ailment while performing their duties. Texas has its own set of laws and regulations for workers’ compensation; as such, coverage can vary from state to state.

What are the Workers’ Compensation Texas Requirements?

In Texas, employers are not required to carry workers’ compensation insurance. However, if they choose to provide workers’ compensation insurance, they must comply with state laws and regulations. Texas has a unique workers’ compensation system, and employers have two options to provide benefits to their employees:


Option 1: Traditional Workers’ Compensation Insurance

If you choose to provide workers’ compensation insurance, you must purchase it from a private insurance company licensed to sell workers’ compensation policies in Texas. The insurance policy must meet the state’s minimum requirements and provide coverage for medical expenses, lost wages, and other benefits.


Option 2: Self-Insurance

Self-insurance is an option for larger companies that meet the state’s financial requirements. If you choose to self-insure, you must prove that you have the financial capacity to pay for the benefits provided to injured employees.

What are the Benefits of Workers’ Compensation Insurance?

Workers’ compensation insurance provides several benefits to employees who get injured or become ill while performing their job duties, including:

Medical Benefits:

Workers’ compensation insurance covers all medical expenses related to the employee’s injury or illness, including doctor’s visits, hospitalization, surgery, and medication.

Wage Replacement:

If the employee cannot work due to an injury or illness, workers’ compensation insurance provides wage replacement benefits, usually up to 70% of the employee’s average weekly wage.

Vocational Rehabilitation:
Workers’ compensation insurance may provide vocational rehabilitation services to help the employee return to work or find a new job.

Death Benefits:

If the employee dies as a result of an injury or illness, workers’ compensation insurance provides death benefits to the employee’s dependents.

Who is Covered by Workers’ Compensation Insurance?

In Texas, most employers are not required to provide workers’ compensation insurance. However, if you choose to provide workers’ compensation insurance, you must provide coverage to all eligible employees.


Eligible employees include:

-Full-time employees
-Part-time employees
-Temporary employees
-Seasonal employees
-Undocumented workers

Who is Exempt from Workers’ Compensation Texas Requirements?

Texas has several exemptions from the workers’ compensation requirements. The following employees are exempt from the workers’ compensation requirements:

Sole Proprietors and Partners:
Sole proprietors and partners are not considered employees and are therefore exempt from the workers’ compensation requirements.

Corporate Officers:
Corporate officers may choose to exclude themselves from workers’ compensation coverage.

Independent Contractors:
Independent contractors are not considered employees and are therefore exempt from workers’ compensation coverage. However, you must prove that the worker is an independent contractor,

How to Obtain Workers’ Compensation Insurance in Texas?

If you choose to provide workers’ compensation insurance for your employees, you must purchase it from a private insurance company licensed to sell workers’ compensation policies in Texas.


To obtain workers’ compensation insurance in Texas, follow these steps:

Shop Around: Shop around and compare policies from different insurance companies. Make sure to choose a company that meets your needs and budget.

Fill Out an Application: Once you choose an insurance company, you will need to fill out an application for workers’ compensation insurance.

Obtain Coverage: If your application is approved, you will receive a certificate of insurance that proves you have workers’ compensation coverage.

Post Notice:
Post a notice in a visible location at your workplace informing employees that you have workers’ compensation coverage.

What are the Penalties for Noncompliance with Texas Workers’ Compensation Requirements?

If you fail to comply with Texas workers’ compensation requirements, you may face penalties and fines. The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) is responsible for enforcing workers’ compensation laws and regulations in the state.


Penalties for noncompliance may include:

Fines: Fines may be assessed for each day you fail to provide workers’ compensation insurance to eligible employees.

Lawsuits: Employees may file lawsuits against you for damages resulting from a workplace injury or illness.

Criminal Charges: Failure to provide workers’ compensation insurance may result in criminal charges, including fines and imprisonment.

What are the Penalties for Noncompliance with Texas Workers’ Compensation Requirements?

An injured employee reaches MMI when either of the following occurs:

The work-related injury or illness has improved as much as expected.
104 weeks have passed since the employee became eligible for TIBs.

Minimum Benefit Amount:
The lowest amount of weekly benefits an employee can receive. The minimum benefit amount is 15% of the SAWW, rounded to the nearest dollar. The DWC sets the minimum weekly income benefit for each year (October 1 to September 30) no later than October 1 of each year.

Multiple Employment:
When an employee has more than one employer, wages from all employers may be considered in calculating benefits.

Non-Claim Employer:
An employer that the employee worked for at the time of the injury or illness but is not the claimed employer.

Non-Pecuniary Wages:

Wages that are not paid in money, such as health insurance premiums, allowances for a vehicle or housing, or clothing.

Pecuniary Wages:
Wages paid in money, including salary, commissions, and bonuses. This includes all forms of payment for a given period. Pecuniary wages may also include the market value of room and board, laundry, fuel, and any other benefit that can be estimated in monetary terms.

State Average Weekly Wage:

Equal to 88% of the average weekly wage, as determined by the Texas Workforce Commission under §207.002(c).

Understanding these terms and their implications is crucial when dealing with workers’ compensation benefits. If you have any further questions or need more information, don’t hesitate to seek guidance from a professional or refer to the Texas Labor Code for detailed explanations of each benefit type.

Understanding Texas workers’ compensation requirements is imperative for any business owner. While the state does not mandate employers to provide coverage, if you choose to do so, it must be in accordance with applicable statutes and regulations. Providing adequate insurance protection can provide both financial security and peace of mind for your employees and safeguard against potential legal liabilities – make sure to research multiple policies from competing insurers before making that selection!

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