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Read article →Published September 1, 2026 by the Yeti Insurance Agency team
Texas is the only state that lets most private employers choose whether to carry workers' compensation insurance. That flexibility is useful, but it also means many business owners aren't sure what's right for them. Here's how to think about it.
Who must carry workers' comp in Texas?
Most private employers can choose. Coverage is generally required for public employers and for certain contractors working on government construction projects. Many private contracts also require it: general contractors, commercial landlords and large clients often won't let you start work without a certificate showing workers' comp coverage.
What is a non-subscriber?
An employer that chooses not to carry workers' compensation is called a non-subscriber. Non-subscribers must:
- File an annual notice of non-coverage with the Texas Department of Insurance, Division of Workers' Compensation
- Notify employees in writing and post notices at the workplace
What non-subscribers give up
With workers' comp, an injured employee generally can't sue the employer for a workplace injury. The policy pays medical bills and lost wages instead. Without it:
- Employees can sue your business directly for negligence.
- You lose important legal defenses, such as arguing the employee was partly at fault or that a co-worker caused the injury.
- A single serious injury can lead to a large judgment that your general liability policy will not cover.
Some non-subscribers buy an occupational accident or injury benefit plan to provide some benefits to employees, but these don't provide the same legal protection as workers' comp.
What does workers' comp cost?
Premiums are based mainly on your payroll, the job classification of each employee, and your claims history. Office staff cost far less to insure than roofers or delivery drivers. Accurate classifications, a written safety program and prompt claim reporting all help control costs.
The bottom line
For businesses with employees in physical jobs, or with contracts that require it, workers' comp is usually worth the cost. For others it's a closer call. We'll compare quotes and walk you through the trade-offs. .
This article is general information, not legal advice or a guarantee of coverage. Coverage depends on the terms of your policy.