Key Takeaways

  • Texas is the only state where workers' compensation is NOT mandatory for private employers
  • Employers who opt out are "non-subscribers" and lose certain legal protections
  • Non-subscribers cannot use common law defenses like contributory negligence
  • Texas Department of Insurance, Division of Workers' Compensation (DWC) regulates the system
  • The State Office of Risk Management handles state employee claims
Last updated: January 2026

Texas Workers' Compensation Insurance

Texas has a unique workers' compensation system—it is the only state where coverage is NOT mandatory for private employers.

Voluntary System

Texas workers' compensation is voluntary for private employers:

Subscriber vs. Non-Subscriber

StatusDescription
SubscriberEmployer who carries workers' comp
Non-SubscriberEmployer who opts out

Coverage Requirements

Employer TypeCoverage Required
Private employersNot required
State employeesRequired
CountiesRequired
Public schoolsRequired
Some contractorsMay be required by contract

Exam Tip: Texas is the ONLY state where private employers can legally opt out of workers' compensation.

Non-Subscriber Consequences

Employers who opt out face significant legal exposure:

Lost Defenses

Non-subscribers CANNOT use these defenses:

DefenseDescription
Contributory NegligenceEmployee's own negligence
Assumption of RiskEmployee knew of danger
Fellow Servant RuleCoworker caused injury

Non-Subscriber Requirements

Non-subscribing employers must:

  • File annual notice with DWC
  • Post notice for employees
  • Report injuries to DWC
  • May be required to carry occupational accident insurance

Division of Workers' Compensation (DWC)

The DWC (under TDI) regulates workers' compensation:

DWC Functions

  • Oversee workers' comp system
  • Regulate claim disputes
  • Certify self-insurance
  • Monitor system compliance
  • Administer Subsequent Injury Fund

Obtaining Coverage

Texas employers who choose to subscribe have options:

Coverage Options

OptionDescription
Private InsurancePurchase from admitted insurer
Texas Mutual InsuranceState's largest WC insurer
Self-InsuranceLarge employers may self-insure with DWC approval
Group Self-InsuranceSmall employers can pool

Texas Mutual Insurance Company

Texas Mutual is:

  • Not government-run (unlike some state funds)
  • Largest workers' comp carrier in Texas
  • Competitive in the market
  • Must accept all Texas employers (insurer of last resort)

Benefits for Subscribers

Workers' comp provides these benefits:

Benefit Types

BenefitDescription
Medical CareAll reasonable medical treatment
Temporary Income Benefits (TIBs)70% of wages (first 104 weeks max)
Impairment Income Benefits (IIBs)Based on impairment rating
Supplemental Income Benefits (SIBs)Additional benefits if unable to work
Lifetime Income Benefits (LIBs)Catastrophic injuries
Death BenefitsTo dependents

Benefit Calculations

  • TIBs: 70% of pre-injury wages (up to state max)
  • 7-day waiting period before income benefits
  • Medical benefits have no limit

Rate Regulation

Texas uses file and use for workers' comp rates:

Rate Filing

  • Insurers file rates with TDI
  • Rates can be used upon filing
  • Experience modification affects individual employer rates
  • Loss-sensitive rating plans available
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Texas Workers' Compensation System
Test Your Knowledge

Is workers' compensation insurance mandatory for private employers in Texas?

A
B
C
D
Test Your Knowledge

What defense do Texas non-subscriber employers lose in employee injury lawsuits?

A
B
C
D