Employers must tell their employees that they carry workers’ compensation insurance

Employers must do so by providing a written notice of coverage to new employees upon hire. The written notice must inform employees of their right to reject workers’ compensation coverage and retain their common law right of action.

Read also: Information for Employers from the Division of Workers’ Compensation

Employers must also post a written notice at their place of business telling their employees that they carry workers’ compensation insurance. This notice must be in the wording and format prescribed by TDI-DWC’s Notice 6, Notice to Employees Concerning Workers’ Compensation in Texas. The notice must be in English, Spanish, and any other language that is common to the employees and must be posted at conspicuous locations at the employers’ place of business.

A written notice must be provided again to each employee and the Notice 6 must be updated when changes in coverage status (obtained, terminated, or canceled) occur. The TDI-DWC’s New Employee Notice and Notice 6 may be obtained from the TDI website here or by calling 1-800-252-7031.

According to the Texas Department of Insurance, “Workers’ compensation insurance coverage provides covered employees with income and medical benefits if they sustain a work-related injury or illness. Except as otherwise provided by law; Texas private employers can choose whether or not to provide workers’ compensation insurance coverage for their employees.”

Some Frequently Asked Questions about Workers’ Compensation in Texas

Are 1099 employees covered by workers comp in Texas?

Texas doesn’t require most private employers to have workers’ compensation. … Some contractors may require their subcontractors and independent contractors to have workers’ compensation. Employers with workers’ compensation have a key legal protection.

Do I have to disclose workers compensation?

A prospective employer has no right to ask whether you have had a previous workers’ compensation claim. However, a prospective employer does have the right to know if you have an injury or medical condition that will impact on your ability to perform your work duties.

Do I need workman comp insurance if I have no employees?

Sole proprietors with no employees typically are not required to purchase workers’ compensation insurance. However, if you’re injured on the job, a sole proprietor workers’ comp policy can help pay for medical expenses and replacement wages while you recover.

What happens if an independent contractor gets hurt on the job?

If an independent contractor can show that his employer’s negligence caused his injuries, he would be entitled to the same compensation as an employee working for the non-subscriber employer. This includes damages for his medical bills, lost wages, and pain and suffering.

Can an independent contractor sue for workers compensation?

As an independent contractor, you don’t have this option. You could sue to recover damages as answered in the previous question, but only if you have a case under tort law. This would require you to prove your injuries occurred due to negligence or a breach of legal duty. You are not guaranteed benefits for work injury as an independent contractor.

Should my contractor have workers comp insurance?

The most important insurance that a hired contractor should have is workers compensation insurance. Hiring a contractor without workers comp insurance could leave you paying an injured employee or subcontractor’s medical bills indefinitely, just for hiring someone to fix your property.

Do members of an LLC need workers comp?

Self-employed sole proprietors, partners in partnerships, and limited liability company members aren’t required to purchase workers compensation unless and until they have employees who aren’t owners.

Can an employee be terminated while on workers compensation?

Dismissing or terminating an employee on workers compensation may be a breach of law. The employee may be protected from termination under a specified state or territory workers compensation legislation if the reason for the employee’s dismissal is primarily due to his or her absence on workers compensation.

To learn more about Texas Workers’ Compensation Claims and Compensation for Injured Workers, please call Houston Workers Compensation Lawyer Hector L. Sandoval. Sandoval Law Firm, PLLC helps injured workers. Call (346) 347-7777 for a free and informative consultation!