Workers Comp Insurance Isn't Required in Texas - Does My Business Really Need It?

Texas is the only state in our great union thatbe aware of if you choose to go without workers
doesn't require employers in some form to carrycomp coverage (this is called non-subscription). If
workers comp coverage. Is this good news?you are a non-subscriber, then you are by law
I run across many Texas businesses that chooserequired to file a "Form 5" with Texas
to go bare. I hear things like, "Hey, my employeesDepartment of Insurance every year. Failure to
work in an office, what's going to happen? Ifdo so carries potential administrative penalties and
someone gets a vicious paper cut, I can write afines. You can get a copy of a form 5 on the TDI
check to the urgent care center. Problem solved,website, or get in touch with me at Austin
right?"Insurance and I'll be happy to send you one.
Educate Yourself on the RisksThe Realistic Risk
Maybe. As long as you are comfortable with thePerhaps the most realistic exposure to
risks. What else can happen to your officenon-subscription is the cost of being sued by an
employees? Do they ever drive their ownemployee for on the job injuries. Even if you are
vehicles for business purposes? Ever drive to thevindicated in court, you will still incur potentially
bank to do a deposit or make a run to Officesubstantial legal fees. Now my attorney is a nice
Depot? Ever go on a sales call? (I know after lastguy, but at $300 an hour I tend to forgo the chit
quarter's numbers you sometimes wonder, huh)?chat.
What happens if your employee gets in anFurthermore if you are sued by an employee for
at-fault accident and sustains serious injuries? Whonegligence, then you are severely hamstrung in
pays for hospital stays, medications and lostany legal defense you employ because your
wages if you don't have Workers Comp? Wellattorney will not be able to use many common
let's see:law defenses that are typically critical in defending
Health insurance? Nope. Automobile insurance? Nonegligence suits.
again. General Liability Insurance? Excluded. YouThe Solution
guessed it. You do!I'm sure this comes as no surprise, but yes,
A Risk Management AxiomWorkers Comp Insurance in Texas is a critical
There is a risk management axiom that youcomponent of any viable business insurance
should only retain the level of risk you can payprogram. Having part B of workers comp
for. To throw in a little perspective on medicalcoverage in place, (called Employer's Liability) in
expenses, one of my ten year old twins recentlyplace prevents these lawsuits from happening
had a little ER visit for doing a head-gravity-groundbecause it is the sole remedy in all but a very
experiment while playing "touch" football. We werefew cases.
there for an hour and a half. The bill... OverThe good news is that the level of workers comp
$16,000! How much for a serious auto accident?fraud has diminished over the last few years and
Hundreds of thousands of dollars? More? Can yourates have come down. In fact for office
write a check for that?workers annual rates are as low as 25 cents per
Statutory Compliance$100 of payroll. Make sure you are protected!
There are a couple of other issues you need to