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Key takeaways
- Texas is the only state where most private employers may choose not to carry workers' comp (non-subscribers).
The rule
Texas is the only state where most private employers may choose not to carry workers' comp (non-subscribers). Non-subscribers must give notices, and those with 5 or more employees must report injuries to TDI-DWC. Public-project contracts may still require coverage.
Compare states
| State | When workers' comp is required | Source |
|---|---|---|
| California | All employers (Labor Code 3700); C-39 roofers even with no employees | DIR / CSLB |
| Texas | Most private employers may opt out as non-subscribers (notice rules apply) | TDI-DWC |
| Florida | Construction: 1 or more employees (owners count; officers may exempt) | FL CFO |
| Georgia | 3 or more regular employees | SBWC |
| New York | Virtually all employers | NY WCB |
| Washington | Through L&I state fund (monopolistic) | WA L&I |
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Data
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Checklist
Texas workers' comp checklist
- Count employees per your state's rule
- Buy coverage or document an exemption
- Keep the certificate on file for clients/GCs
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