IMPORTANT INFORMATION IF YOU DO NOT CARRY WORKERS COMPENSATION INSURANCE

Texas Labor Code requires all employers in Texas that do not carry workers’ compensation
insurance to notify TDI-DWC in writing. See Texas Labor Code §406.004(a). Employers
should report this information using the form Employer’s Notice of No Coverage or
Termination of Coverage (DWC Form-005):
• within 30 days after hiring an employee;
• within 30 days after receipt of a TDI request (within ten days for employers
principally located outside of Texas); or
• within 10 days of notifying their workers’ compensation carrier of their intent to
cancel the policy, unless the employer purchases a new policy or becomes a
certified self-insurer.
Employers must also file DWC Form-005 annually on the anniversary date of the original
filing for as long as they remain in operation and do not carry workers’ compensation
insurance. An employer’s failure to comply with the notification requirements above is an
administrative violation and the employer may be subject to penalties. See Texas Labor Code
§406.004(e).


Reporting Injuries and Illnesses to TDI-DWCEmployers are required to notify TDI-DWC of each injury or illness. See Texas Labor Code
§411.032(a). Agency rules require employers with five or more employees to report
occupational injuries or illnesses to TDI-DWC. Employers must report each work-related
injury or illness by the seventh day of the following month. See 28 Texas Administrative
Code (TAC) §160.2. Non-covered employers should report these injuries and illnesses using
the form Non-Covered Employer’s Report of Occupational Injury and Illness (DWC Form-
007) for each:
• work-related injury resulting in the employee’s absence from work for more than
one day; and
• occupational disease of which the employer has knowledge.
An employer’s failure to comply with these occupational injury and illness reporting
requirements is an administrative violation and the employer may be subject to penalties. See
Texas Labor Code §411.032(c).

Reporting No Workers’ Compensation Insurance Coverage to Employees

Employers are required to notify their employees whether or not they carry workers’
compensation insurance. See Texas Labor Code §406.005. TDI-DWC rules require employers
to use the language in the New Employee Notice when notifying their employees in writing at
the time of hire. See 28 TAC §110.101, Subchapter B.
The Notice 5, Notice to Employees Concerning Workers’ Compensation in Texas must be
used when posting notification of the employer’s coverage status in the following instances:
􀂃 notices regarding coverage status must be posted at conspicuous locations at the
employers’ place of business; and
􀂃 changes in coverage status (obtained, terminated, or canceled) must be
communicated to employees no later than the 15th day after the effective date of
the change.

An employer’s failure to comply with these notification requirements to employees is an
administrative violation and the employer may be subject to penalties. See Texas Labor Code
§406.005(e).

The DWC Form-005, DWC Form-007, New Employee Notice and Notice 5 can be found
online at http://www.tdi.state.tx.us/forms/form20employer.html . If you have any questions
regarding reporting requirements or compliance with the law, contact TDI-DWC at 512-804-
INFO(4636), or toll-free 1-800-372-7713 extension 4636.