Workers Compensation

What is the minimum amount of employees a company must have before workmans comp is required in Texas?

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2008-12-29 17:19:52
2008-12-29 17:19:52

Workmans Comp is elective in Texas. SO there isn't a mininum number threshold above which you are required to carry workman's comp for your employees. On the other hand you may be required to carry it under a contract or if you are working for a government or private entity that requires it. SOmetimes contracts read that the contractor must "mainatin WC insurance coverage as reaquired by state law". For 8 years I've managed to convince clients that it's not needed. I think that's about to change. I've met my match, a client who is an insurance company... and they DO require it. Charles M Bryant Bryant Forestry Montgomery TX All 50 states require Workers Comp though most if not all have exemptions. In Texas, you can select a Non-Subscription product that's similar to Comp or, if you file the proper forms, opt out entirely. Most if not all states allow you to self-insure if you have enough cash to set aside. Even if you exercise an exemption, you remain liable, so make sure you have plenty of cash for work-related injury claims if you don't carry coverage. Also, even if you don't think your employee would sue, their spouse or minor children who have to get through life on your employee's reduced salary if he has a major injury, or without his salary and companionship if he dies, may present an issue. Texas is a "ladder state," meaning liability goes up the ladder until someone can pay, and General Contractors (which could mean a contractor's clients) are required to either furnish Comp for their contractors who don't have it OR be remain liable without benefit of coverage. It's a risk I wouldn't take - I would require Comp or a similar product like Non-Subscription or Occupational Accident (especially if paired with Contingent Liability) be in place for ALL workers.

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