Texas Worker’s Compensation Insurance

Texas Worker’s Compensation Insurance

What is Worker’s Compensation Insurance Coverage?

Texas employers, except for public entities, can choose whether to provide workers’ compensation insurance coverage for their employees. Workers’ compensation provides covered employees with income and medical benefits if they are injured on the job or have a work-related injury or illness. Workers’ compensation is regulated by the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC).

I’ve been injured on the job, what should I do?

• You must report your injury to your employer within 30 days from the date of the injury, or from the date you knew your injury or illness was related to your job. If you do not notify your employer within these 30 days, your right to obtain benefits could be lost.
• You must send a completed Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease (DWC Form-041) to the Texas Department of Insurance, Division of Workers’ Compensation (DWC) within one (1) year of the date of injury to protect your rights.

Covered Employers

Participation in the workers’ compensation system in Texas is voluntary for most employers. Employers who choose to have worker’s compensation may:

• Purchase a workers’ compensation insurance policy from a private insurance company;
• Self-Insure, if the employer can meet the requirements to self-insure under the Texas Workers’ Compensation Act (the Act) and is certified through the TDI-DWC;
• Self-Insure through the Texas Department of Insurance with a group of same or similar private employers; or
• If a governmental entity, purchase a workers’ compensation policy from a private insurance company, or self-insure either individually or as a group.

Workers’ compensation doesn’t pay for injuries that:

• are intentional or self-inflicted;
• result from horseplay or voluntary drug or alcohol intoxication;
• are inflicted by someone for personal reasons unrelated to the job;
• result from voluntary participation in off-duty recreational, social, or sports events; or
• result from “acts of God” (like floods or hurricanes), unless the job has a high risk of such injuries.

The Texas Department of Insurance’s Division of Workers’ Compensation (DWC) regulates the state’s workers’ compensation system.

Texas doesn’t require most private employers to have workers’ compensation insurance. However, private employers who contract with governmental entities must provide workers’ compensation coverage for the employees working on the project. Some contractors may require their subcontractors and independent contractors to have workers’ compensation insurance.

Employers may not charge employees for workers’ compensation coverage. There are exceptions for independent contractors and building and construction workers.

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