Under Texas law, a Texas workers’ compensation notice to employees is a written statement — both posted at the workplace and handed to each worker individually — telling employees whether the employer carries workers’ compensation insurance and what that means for their rights after an on-the-job injury. Texas Labor Code § 406.005 requires the notice, and 28 Texas Administrative Code § 110.101 sets the exact wording, type sizes, languages, and delivery timing. Getting any piece of it wrong exposes the employer to administrative penalties of up to $25,000 per day per occurrence.1State of Texas. Texas Labor Code Chapter 415 – Administrative Violations
Which Version of the Notice You Use
Texas is one of the few states where private employers can choose whether to carry workers’ compensation insurance.2Texas Department of Insurance. Employer E-File Online Reporting An employer that buys coverage is a “subscriber.” One that opts out is a “nonsubscriber.” The notice text is different for each, and there is no single universal form — the Division of Workers’ Compensation prescribes different language depending on how the employer is insured.3Legal Information Institute. 28 Texas Admin Code 110.101 – Covered and Non-Covered Employer Notices to Employees
Employers insured through a commercial carrier use one version. Self-insured employers and members of certified self-insurance groups each use their own. Nonsubscribers use a fourth version that tells employees no workers’ compensation coverage exists. Sample notices are available on the Texas Department of Insurance website.4Texas Department of Insurance. Workers’ Compensation Employer Forms and Notices The text must be reproduced exactly, without additions or changes.
A subscriber notice identifies the insurance carrier, the policy number, and the carrier’s contact information so employees can file claims directly. It also informs employees of their right to report an injury to a supervisor or to the carrier and of their option to retain common-law rights. A nonsubscriber notice states plainly that the employer does not have workers’ compensation coverage and warns employees that their rights differ from those of workers at insured employers.5Texas Department of Insurance. Notice to Employees Concerning Workers’ Compensation in Texas – Non-Covered Employer
One common mix-up: the employee-facing notice is not the same as the administrative forms filed with the Division. DWC Form 005, for example, is a nonsubscriber’s filing to the Division — not a poster for the breakroom. Confusing the two leaves a business out of compliance even when it thinks the paperwork is handled.
Posting the Notice at the Workplace
The rule is specific about where the notice goes, how large the text must be, and what languages it must appear in.
Where It Must Be Posted
Notices must be posted in the employer’s personnel office, if one exists, and in areas of the workplace where every employee is likely to see them regularly.3Legal Information Institute. 28 Texas Admin Code 110.101 – Covered and Non-Covered Employer Notices to Employees Breakrooms, spots near time clocks, and centralized bulletin boards are typical choices. A poster buried under other flyers or hung in an office employees cannot freely enter will not pass an audit.
Type Size
The title must be printed in at least 26-point bold type, the subject line in at least 18-point bold, and the body text in at least 16-point normal type.3Legal Information Institute. 28 Texas Admin Code 110.101 – Covered and Non-Covered Employer Notices to Employees Shrinking the text to fit a smaller sheet is a compliance failure, not a design decision.
Languages
Every notice must be printed in English, Spanish, and any other language common to the employer’s employee population.3Legal Information Institute. 28 Texas Admin Code 110.101 – Covered and Non-Covered Employer Notices to Employees The rule sets no percentage threshold; the standard is whether a language is “common” in the workforce. If a meaningful group of employees speaks Vietnamese, Mandarin, or any other language, that language belongs on the poster too.
Written Notice to Each Employee
Posting alone is not enough. Every employee must also receive a personal written copy of the notice at specific moments in the employment relationship.6Texas Department of Insurance. Texas Administrative Code Rule 110.101 – Notice to Employees Concerning Workers’ Compensation in Texas
- At hire, when the employee is required by federal law to complete a W-4 and I-9, or when a break in service triggers a new W-4 on the first day back.
- Within 15 days after the employer obtains workers’ compensation coverage. Every existing employee gets a fresh notice.
- Within 15 days after the employer terminates or cancels coverage. Every existing employee gets written notice of the change.
Nothing in the rule explicitly requires a signed acknowledgment, but a signature in each personnel file is the simplest way to prove delivery if the question ever comes up in an administrative review. Without documentation, an employer’s word against an employee’s is a weak position.
The Common-Law Rights Election
One section of the subscriber notice deserves attention because employees rarely realize it exists. When an employer carries workers’ compensation, a new hire has a narrow window — five days after starting work or five days after receiving written notice that coverage exists — to notify the employer in writing that they wish to retain their common-law right to sue for personal-injury damages.3Legal Information Institute. 28 Texas Admin Code 110.101 – Covered and Non-Covered Employer Notices to Employees
The tradeoff is steep. An employee who makes this election gives up access to workers’ compensation income and medical benefits entirely. If injured, that worker must sue and prove the employer was negligent, with no guaranteed insurance payout. Few employees actually exercise the option, but the notice must inform them of it.
The election exists because the subscriber/nonsubscriber distinction under Texas Labor Code § 406.033 shapes the whole legal picture. Nonsubscribing employers cannot argue that the worker’s own negligence caused the injury, that the worker assumed the risk, or that a coworker’s negligence was to blame; the only defenses left are that the worker intentionally caused the injury or was intoxicated at the time.7State of Texas. Texas Labor Code Section 406.033 – Common-Law Defenses Employees need to know which side of that line their employer sits on, which is why the notice rule exists in the first place.
The Separate Ombudsman Program Poster
Subscribing employers have a second posting duty that is easy to miss. Under 28 Texas Administrative Code § 276.5, every employer participating in the workers’ compensation system must also post a notice about the Office of Injured Employee Counsel’s Ombudsman Program, which provides free assistance to injured workers navigating the claims process.8Legal Information Institute. 28 Texas Admin Code 276.5 – Employer’s Notice of Ombudsman Program
The Ombudsman notice follows the same visibility principles as the coverage-status notice: posted where employees will regularly see it, and printed in English, Spanish, and any other language common to the workforce. It is a separate document from the coverage-status notice, so subscribers need both on the wall.
Filing With the Division Is a Different Obligation
A nonsubscriber’s duties do not end at the employee notice. Under Texas Labor Code § 406.004, an employer that opts out of workers’ compensation must also file a written notice of no coverage with the Division of Workers’ Compensation itself.9State of Texas. Texas Labor Code Section 406.004 – Employer Notice to Division That filing is due each year between February 1 and April 30, and again whenever the employer hires its first employee or terminates an existing policy.2Texas Department of Insurance. Employer E-File Online Reporting
An employer that terminates coverage must file a written notice of termination with the Division no later than the 10th day after notifying the insurance carrier of the cancellation.10Legal Information Institute. 28 Texas Admin Code 110.105 – Employer Requirements for Notifying the Division of Termination of Coverage Completing this Division filing does not satisfy the employee-notice requirement, and satisfying the employee-notice requirement does not satisfy this filing. They are two separate obligations.
Penalties for Getting It Wrong
Texas Labor Code § 415.021 authorizes administrative penalties of up to $25,000 per day per occurrence, and each day of noncompliance counts as a separate violation.1State of Texas. Texas Labor Code Chapter 415 – Administrative Violations An employer that ignores the posting and notification rules for even a few weeks can face six-figure exposure before the first hearing.
The penalty reaches both the posting requirement and the individual written notice. Skipping the wall poster but handing out written copies at hire, or the reverse, still leaves the employer in violation. Both obligations must be met independently. For nonsubscribers, failing to file the no-coverage notice with the Division is a separate administrative violation on top of any employee-notice failures.9State of Texas. Texas Labor Code Section 406.004 – Employer Notice to Division