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STATE REQUIREMENTS

When Texas requires workers’ compensation

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In Texas, workers' compensation is optional for most private employers, but going without has conditions and costs. Contractors on public construction projects and some licensed businesses must carry coverage as a condition of the work, and many general contractors and clients require it by contract. Sole proprietors, partners and corporate officers may include or exclude themselves on a Texas policy. The rule, who counts and what to do the day you hire are below, each with its official source.

Reviewed by CoverMatch licensed agents, Licensed property & casualty agents · Reviewed Oct 12, 2026 Updated
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Texas rules with sources
TopicThe rule in TexasSource
Who must carry itTexas does not require most private employers to carry workers' compensation. An employer that goes without (a non-subscriber) must file an annual notice with the Division of Workers' Compensation, post and give written notice to employees, and loses its common-law defenses when an injured employee sues.Tex. Labor Code § 406.002, § 406.004, § 406.033, § 406.096; Texas Department of Insurance, Division of Workers' Compensation — Employer resources
Who counts as an employeeContractors on public construction projects and some licensed businesses must carry coverage as a condition of the work, and many general contractors and clients require it by contract.Texas Department of Insurance, Division of Workers' Compensation — Employer resources
Owners, officers and LLC membersSole proprietors, partners and corporate officers may include or exclude themselves on a Texas policy.Tex. Labor Code § 406.002, § 406.004, § 406.033, § 406.096
If you go withoutA non-subscriber that skips the Division filings faces administrative penalties, and an injured employee may sue the employer, which cannot plead contributory negligence or assumption of risk.Texas Department of Insurance, Division of Workers' Compensation — Employer resources

Rules change. Each row links to the agency or statute it came from; the review date above is when a licensed agent last checked them.

Who must carry it in Texas

Texas does not require most private employers to carry workers' compensation. An employer that goes without (a non-subscriber) must file an annual notice with the Division of Workers' Compensation, post and give written notice to employees, and loses its common-law defenses when an injured employee sues.

Who counts as an employee

Contractors on public construction projects and some licensed businesses must carry coverage as a condition of the work, and many general contractors and clients require it by contract. The label on the paycheck does not settle it: Texas applies its own employee test, and a worker who fails it is an employee for workers' compensation no matter what the contract says.

Owners, officers and LLC members

Sole proprietors, partners and corporate officers may include or exclude themselves on a Texas policy. The election is made on the policy and affects both coverage and premium, so decide it before the policy is bound rather than at audit.

The day you hire

CoverMatch quotes workers' compensation from the first employee, with pay-as-you-go billing through most payroll companies where a carrier offers it, so the policy can start the week you hire without a large deposit. Add the policy to your wallet and the live certificate is ready for the general contractor or client who asks for proof.

If you go without

A non-subscriber that skips the Division filings faces administrative penalties, and an injured employee may sue the employer, which cannot plead contributory negligence or assumption of risk. The specific amounts and procedures are in the statute and on the agency page linked above; they change, and the licensed agent who reviewed this page checks them on each update.

Sources

Questions people actually ask

I just hired my first employee in Texas. When does the policy have to be in place?

Before the first shift if the threshold is met. Texas does not require it, but a non-subscriber answers for injuries in court, and a claim on day one with no policy is paid by the employer personally. A policy can be quoted and bound the same day; CoverMatch asks every carrier that offers pay-as-you-go so the premium follows your payroll.

My workers are paid on a 1099. Does that count in Texas?

The form you file does not decide it. Texas applies its own test of control, tools, schedule and whether the person runs an independent business; workers who fail it are employees for workers’ compensation and are added at audit, often at the higher rate.

Can the owner be left off the policy in Texas?

Sole proprietors, partners and corporate officers may include or exclude themselves on a Texas policy. Excluding yourself lowers the premium base and leaves your own injuries to health insurance; general contractors and clients often require owner coverage by contract regardless.

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