How to Fill Out DWC Form-85: Parts, Filing, and Deadline

DWC Form 85 is a one-page Texas agreement in which a general contractor and a subcontractor declare that the subcontractor is an independent contractor for workers’ compensation purposes, meaning the subcontractor’s employees are not the general contractor’s employees. Both parties sign it, and the general contractor files the signed form with its own workers’ compensation insurance carrier within ten days. It does not get sent to the Texas Department of Insurance or the Division of Workers’ Compensation.¹

What the Form Settles

When a general contractor hires a subcontractor in Texas, there is a real question about who carries workers’ compensation responsibility for the subcontractor’s workers. Without something in writing, the general contractor’s carrier can end up exposed to injuries to people who aren’t its employees. Form 85 puts the answer on paper: the subcontractor meets the definition of an independent contractor under Texas Labor Code Section 406.121 and takes on employer responsibilities for its own workforce.¹

You choose between two versions in Part 1. A blanket agreement covers every job site where the two parties work together during the agreement period. A job-site-specific agreement covers only the address or addresses listed on the form.

Who Qualifies as an Independent Contractor

The form incorporates the Section 406.121 standard. The subcontractor qualifies if it ordinarily acts as the employer of its own workers — paying wages, directing day-to-day activities, and handling the other functions expected of an employer. The subcontractor also has to be free to decide how the work gets done, including setting hours and the method of paying employees, and the subcontractor (or its employees) must furnish the tools and materials needed for the job.¹

Signing the form does not create the relationship on its own. If the general contractor controls the schedule, supplies all the equipment, and supervises every task, the paperwork will not override the facts. The document records intent; it holds up only when the working arrangement actually matches what the parties declared.

How to Complete the Three Parts

Part 1: Agreement Details

Check the box for a blanket agreement or a job-site-specific agreement. Enter the estimated number of the subcontractor’s employees affected, the start date, and the end date. For a job-site-specific agreement, list the address of each covered location. The form has room for three addresses.¹

Part 2: General Contractor Information

The general contractor enters its business name, federal tax identification number (FEIN), mailing address, and email. The printed declaration in this section states that the subcontractor meets the independent contractor qualifications, takes on employer responsibility for the work, and that the subcontractor’s employees are not the general contractor’s employees for workers’ compensation purposes. The general contractor signs and dates the form to certify the declaration.¹

Part 3: Subcontractor Information

The subcontractor fills in a matching section: business name, FEIN, mailing address, and email. Its declaration affirms that it operates as an independent contractor under Section 406.121, assumes employer responsibility, and acknowledges that its employees are not employees of the general contractor. The subcontractor signs and dates the form.¹

Where to File and the Ten-Day Deadline

Within ten days after both parties have signed, the general contractor files a legible, complete copy of the signed agreement with its workers’ compensation insurance carrier. The general contractor keeps the original. The subcontractor should keep a copy too.¹

Do not send it to the Texas Department of Insurance or the Division of Workers’ Compensation. The form’s own instructions are explicit: Form 85 goes to the insurance carrier only.

If the general contractor switches workers’ compensation carriers while the agreement is still in effect, the form has to be filed with the new carrier as well. A gap in that documentation is the kind of thing that becomes a problem after an injury.

When the Agreement Starts and Ends

The agreement becomes effective on the later of two dates: the date both parties have signed, or the start date listed in Part 1. If the subcontractor signs on March 1 but the start date is April 15, coverage begins April 15. If both parties sign on May 3 but the listed start date was April 15, the agreement starts May 3.¹

The agreement runs through the end date in Part 1. There is no automatic renewal. If the working relationship continues past that date, the parties execute a new Form 85.

What to Get Right

Verify the subcontractor’s workers’ compensation coverage separately. Form 85 establishes the relationship; it is not proof that the subcontractor actually carries insurance. Ask for a certificate of insurance.
Match the agreement type to the job. A blanket agreement suits an ongoing relationship; a job-site-specific agreement may fit a one-time project better.
Keep copies accessible. If a claim surfaces years later, you will need to produce the signed form, so file it with the project records rather than relying on the carrier’s copy.
File within ten days. Late filing does not void the agreement between the parties, but it weakens the general contractor’s position with the insurance carrier.

The current version of the form (revised October 2021) is available as a fillable PDF from the Texas Department of Insurance website under the Division of Workers’ Compensation forms library.²

1
Texas Department of Insurance. DWC Form 85 – Agreement Between General Contractor and Subcontractor to Establish Independent Relationship
2
Texas Department of Insurance. Electronic Filing Options – Division of Workers’ Compensation