Q. 1: Do I Have To Have Workers' Compensation Insurance?
A: No. Employers in Texas have had the choice of "opting out" of workers' comp, since 1913. This is stated in Section 406.002 of the Texas Labor Code. We refer to "opting out" as non-subscription. Employers that "opt out" are referred to as non-subscribers. An employer can reject workers' compensation completely and "go bare," paying no benefits whatsoever to injured employees. However, we do not recommend this path, and believe that non-subscription should be a responsible alternative, in which employers are encouraged to manage their costs and provide a safer workplace. It might also be added that going "bare" leaves the business vulnerable to law suits by disgruntled employees. Also note, that government entities almost always require that their vendors carry Workman's Comp insurance.
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