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Texas is the only voluntary Comp state. But employers and general contractors remain liable for the workers' injuries (including subcontractors who lack Workers' Comp coverage) and should opt out correctly - according to the state rules, filing their decision with the state and posting the proper notice to employees & subcontractors. Employers in all states need to realize they remain liable if they don't have coverage, and that their employees and their employees' families can sue them. An alternative to Workers Comp for subcontractors (and employees who opt out of Workers' Comp) is Occupational Accident - especially if paired with Contingent Liability (contractors only - not employees), it can be cheaper than Comp and can in many ways provide even better coverage. It's not the same, though, and the Occupational Accident and Contingent Liability policies need to be compared closely.

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Q: When does an employer have to have workman's comp in Texas?
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An employer should not charge a 1099 employee for workman's comp. If you get a 1099 you are not in an employer, employee relationship You are an independent contractor.


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