What Workers’ Compensation Insurance Requirements Apply in Texas?

Texas private employers generally may elect whether to obtain workers’ compensation insurance, except where another law requires it. Employers that do not subscribe must notify workers and the state, and they give up important defenses in many employee injury suits.

What Is Workers’ Compensation Insurance?

Workers’ compensation can pay medical care and part of an employee’s lost wages after a work-related injury or illness. If you have staff, check who is covered in each state; owners, contractors and some workers may be treated differently. Read the national Workers’ compensation guide.

Texas Workers’ Compensation Insurance Requirements

Requirement	Details
Private employer election	Except for public employers and other statutory exceptions, a Texas employer may elect whether to obtain workers’ compensation insurance; a non-subscriber must make required notices and reports. ^1,²

What to Watch for With Workers’ Compensation in Texas

No-Coverage Election Has Filing Duties
Texas requires non-subscribers to post and give workers written no-coverage notices and file state notices after hiring the first employee, annually during February through April, and after a policy ends. Ask who files each notice and retain proof of submission. ^2,¹
Non-Subscribers Lose Key Defenses
Under Texas Labor Code §406.033, an employer that does not secure coverage loses specified common-law defenses in an employee’s injury suit. Compare the litigation exposure and notice duties before choosing not to subscribe. ¹
Owner Coverage Depends on Entity and Election
Texas law generally treats a sole proprietor, partner, or corporate executive as an employee under an elected policy unless specifically excluded; a corporate officer’s exclusion has an ownership threshold. Ask the broker to identify each owner included or endorsed out of coverage. ¹
Public Construction Contracts Can Require Coverage
Texas law requires specified governmental building or construction contracts to include written workers’ compensation coverage certification. If your work is on a public project, check the contract and §406.096 before relying on the private-employer election. ¹

Which Workers’ Compensation Providers Have Texas License Records?

These providers publish a national listing for Workers’ compensation; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Texas. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

Corgi
Insurance producer · checked 2026-09-28
Corgi Insurance Services, Inc.
Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. ¹¹
Corgi lists workers’ compensation insurance.
ERGO NEXT Insurance
Insurance producer · checked 2026-09-28
Next First Insurance Agency, Inc.
ERGO NEXT’s current license table lists Next First Insurance Agency, Inc. in 50 jurisdictions, including Washington, DC; New York is excluded because its table rows name Next Insurance Services and AP Intego, not Next First. The table is company-reported; it does not establish product availability or provide state-regulator verification for each entry. ¹³
ERGO NEXT offers workers’ compensation insurance for small businesses.
Hiscox
Insurer · checked 2026-09-28
Hiscox Insurance Company Inc.
Hiscox’s U.S. company information states that Hiscox Insurance Company Inc. is licensed in all 50 states and the District of Columbia. This is company-reported insurer authority for this entity and does not establish which company issues every Hiscox-branded product. ¹²
Hiscox provides access to workers’ compensation underwritten by Hartford Fire Insurance Company and requires a general liability policy.
Risklytics
Insurance producer · checked 2026-09-28
Risklytics, Inc.
Risklytics’ licensing page lists its Massachusetts resident agency license plus state license records in Arizona, Colorado, Illinois, Indiana, New Jersey, Ohio, Texas and Washington; it identifies the NPN record date as September 10, 2026. This list is company-published and not a product availability map. ¹⁴
Risklytics arranges workers’ compensation insurance for robotics, hardware and AI businesses.
TechInsurance
Insurance producer · checked 2026-09-28
Specialty Program Group LLC
TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. ¹⁵
TechInsurance arranges workers’ compensation insurance for small businesses.
Vouch
Insurance producer, Surplus-lines broker · checked 2026-09-28
Vouch Specialty Insurance Services, LLC
Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. ¹⁶
Vouch lists workers’ compensation among core coverages for technology companies.

Who Regulates Insurance in Texas?

Texas Department of Insurance

TDI licenses agents and insurers, reviews company rate filings, and investigates complaints against insurance companies and people it regulates. Its complaint page states limits on what it can resolve, including disputes outside its regulatory authority. ^3,^4,⁵

Website: Regulator website
License lookup: Search licensed producers
Complaints: File a complaint

Surplus-Lines Tax and Stamping Office in Texas

Reported tax rate. 4.85% of gross premium plus 0.04% SLTX stamping fee ^6,^7,⁸

When Texas is the insured’s home state, the state tax is 4.85% of gross premium; absent a compact allocation agreement, a multistate policy can be taxed on its entire premium. Policies effective on or after Jan. 1, 2024 also carry a 0.04% stamping fee; SLTX invoices the broker and says the insured pays it, and the surplus-lines insurer is not covered by the Texas guaranty association.

Surplus Lines Stamping Office of Texas

Questions to Ask Before You Buy Workers’ Compensation in Texas

Who is responsible for Texas non-subscriber notices, including annual and first-hire filings?
What defenses and lawsuit exposure would we accept by electing not to subscribe?
Are owners specifically included or excluded by endorsement, and do we have public-project contracts requiring coverage?

Workers’ Compensation Insurance in Texas: Frequently Asked Questions

Is workers’ compensation required for private employers in Texas?

Generally, private employers may elect whether to obtain coverage, except when another law requires it. Non-subscribers still have notice and reporting duties. ^1,²

What happens if a Texas employer does not carry workers’ compensation?

The employer must file and post no-coverage notices, report certain serious work injuries, and loses specified defenses in many employee injury lawsuits. ^2,¹

Sources for Workers’ Compensation Insurance in Texas

1
Texas Labor Code, Chapter 406: Workers’ Compensation Insurance Coverage. Texas Legislative Council; §§406.002–.005, .033, .091, .096–.097; PDF opened September 28, 2026. Accessed 2026-09-28.
2
Employer E-File: Non-subscriber reporting. Texas Department of Insurance, Division of Workers’ Compensation; Non-subscriber notices and reporting; last updated August 6, 2026. Accessed 2026-09-28.
3
texas insurance regulator. State insurance regulator; TDI regulator page outlines licensing, financial oversight, compliance/enforcement, and rate review. Accessed 2026-09-28.
4
How to Find a Licensed Insurance Agent or Adjuster. State insurance regulator; TDI says search by agent name or license number and links to the state license search. Accessed 2026-09-28.
5
Get Help with an Insurance Complaint. State insurance regulator; Direct complaint page explains covered entities, exclusions and online filing; Help Line 800-252-3439. Accessed 2026-09-28.
6
Texas Insurance Code §§225.002–225.004. Texas Legislature; §225.002 limits chapter to Texas-home-state insured; §225.004(a) 4.85%; (a-1) NRRA home-state limitation; (c) entire premium where Texas is home state and no compact agreement. Accessed 2026-09-28.
7
Stamping Fees & Taxes. Surplus Lines Stamping Office of Texas; Current policy-date table lists 0.04% for inception 1/1/2024 and after; stamping fee invoices go to brokers; site says fee is paid by insured. Accessed 2026-09-28.
8
Texas Surplus Lines Companies. Texas Department of Insurance; TDI says surplus-lines insurers are not licensed in Texas and its guaranty association member; eligibility/disclaimer and broker financial-responsibility details. Accessed 2026-09-28.
9
Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
10
Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
11
Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
12
About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
13
Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
14
About Risklytics. Risklytics; What we do; Who we insure; Licensing; Agency licenses table dated 2026-09-10. Accessed 2026-09-16.
15
Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
16
Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

What Workers’ Compensation Insurance Requirements Apply in Texas?

What Is Workers’ Compensation Insurance?

Texas Workers’ Compensation Insurance Requirements

What to Watch for With Workers’ Compensation in Texas

No-Coverage Election Has Filing Duties

Non-Subscribers Lose Key Defenses

Owner Coverage Depends on Entity and Election

Public Construction Contracts Can Require Coverage

Which Workers’ Compensation Providers Have Texas License Records?

Corgi

ERGO NEXT Insurance

Hiscox

Risklytics

TechInsurance

Vouch