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Texas

Workers Compensation Insurance FAQs

Q.  Is Workers Compensation mandatory?
A.  In Texas, firms may elect whether or not to be covered by the workers compensation statute.  Firms that elect not to be covered are governed by common law and injured employees may recover whatever a judge or jury deems appropriate.
Q.  Are there any exceptions?
A.  Firms that elect to be governed by the statute are protected by more favorable laws but must carry Workers Comp insurance. If a firm elects to be covered by the law, all employees must be insured.  There are, however, special rules that apply to partners, sole proprietors, and corporate officers.
Q.  What are these special rules?
A.  If the firm elects to be governed by the statute, partners, sole proprietors, and corporate officers with at least 25% stock ownership may reject coverage.  A signed form is necessary to reject coverage under the Texas Workers Compensation statutes.  A signed form is also necessary for partners, sole proprietors, and corporate officers to reject coverage.
Q.  What if a corporate officer does not take a salary?
A.  The payroll used to calculate premiums for corporate officers is subject to a minimum of $7,800 annually and a maximum of $62,400.
Q.  What does an injured worker receive?
A.  All medical bills are paid and if the worker cannot work for an extended period of time, disability benefits are paid up to a maximum of $ 523.00 per week.
Disclaimer:  The information is accurate to the best of our knowledge.  These rules and dollar amounts are, however, subject to change.  You should not depend on this information until it has been verified with your insurance agent or company.
Source:  This information was compiled from the 1999 Analysis of Workers' Compensation Laws published by the US Chamber of Commerce and from the on-line resources of the National Council on Compensation Insurance.


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