Information For Employers About Workers Compensation

Dear Valued Client,

As your agent, we strive to keep you informed of insurance-related requirements for you as a business owner. This courtesy notice is to inform you about the requirements to report as a Workers Compensation nonsubscriber.

The Texas Department of Insurance Division of Workers Compensation requires employers to send notification of your choice not to carry Workers Compensation insurance or if you choose to terminate coverage. Below we provided information pulled from the Texas Department of Insurance to educate you on these requirements. This information and the forms cited can be found at www.tdi.state.tx.us/wc.

The State of Texas does not require employers to carry Workers Compensation. If you have elected not to carry Workers Compensation, your business is considered a “nonsubscriber” and you are required to submit a DWC Form-005 under these conditions:

  • Annually between February 1st and April 30th of each calendar year;
  • Within 30 days of the employer hiring its first employee, unless a form has already been filed that year.
  • Within 10 days of receipt of a DWC request for filing a notice of no coverage.

In addition to annual notification, employers with five or more employees are required to report work-related injuries and diseases to the DWC using the DWC Form-007, Employer’s Report of Non-covered Employee’s Occupational Injury or Diseases. The form must be filed no later than the 7th day of the month following the month in which:

  • A work-related death occurred
  • An employee was absent from work for more than one day as a result of on-the-job injury (Do not count the day of injury or the date the employee returned to work)
  • The employer acquired knowledge of occupational disease

If you have chosen to terminate Workers Compensation coverage, you are required to file a separate form each time one of the following conditions exists:
within 10 days after notifying the insurance carrier of the termination of coverage unless the employer purchases a new policy or becomes a certified self-insurer; and thereafter, the employer must file the DWC Form-005 as a non-subscriber (as described above) as long as the employer remains in operation and does not have workers’ compensation insurance coverage.

If you have additional questions about these requirements or forms, you may contact The Texas Department of Insurance Division of Workers Compensation Insurance Coverage at 1-800-372-7713 or 512-804-4345.

As always, we are here to answer questions or provide assistance. (512) 452-8877.

We’re here to help!

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