How Will I Know If My Employer Has Workers’ Compensation in Texas?

Let’s say you were injured on the job when a forklift operator clipped a stack of boxes. One wobbled, then toppled, sending a heavy load crashing onto your shoulder with a thud.

In that moment, you probably were not thinking about Texas workers compensation verification, and while understandable, being able to verify the status of your employer vis-à-vis workers’ compensation is important, very important actually.

Whether your employer has subscribed to the state’s workers’ compensation coverage program (or not) determines what benefits you can claim and how quickly you can start receiving them. Those who subscribe are called, naturally, “subscribers.” Those that do not subscribe to the state’s workers’ comp system are called – you guessed it – “non-subscribers.”

If your employer is a subscriber, you may be entitled to medical care, partial wage replacement, and other vital benefits. If they are non-subscribers, your path to recovery may involve filing a non-subscriber workers’ compensation claim in Texas instead.

The sooner you know which category your employer falls into, the sooner you can protect your rights. This guide will show you exactly how to verify workers’ comp coverage in Texas, explain the different categories, and outline what to do if your employer is a non-subscriber.

Steps for Texas Workers’ Compensation Coverage Verification

Confirming your employer’s coverage status is one of the most important things you can do after an accident, whether it is a forklift mishap, a fall from scaffolding, or any other work-related injury. Knowing this information early helps you plan for medical treatment, lost income, and the legal steps that may follow.

Here are the main ways to check for workers’ compensation coverage check in Texas:

1. Contact Your Human Resources Department

Your HR representative should know whether the company is a subscriber to Texas workers’ compensation insurance. Ask for the name of the insurance carrier, the policy number, and the claims contact information.

2. Check the Texas Department of Insurance Website

The Texas Department of Insurance (TDI) maintains an online employer coverage search tool. Enter your employer’s name to confirm coverage. This search can be done from your phone in minutes, even from the hospital after an accident.

3. Review your employee handbook

Many handbooks include a section on benefits that will either name the workers’ compensation carrier or clearly state that the company is a non-subscriber.

4. Look for workplace postings

Texas law requires employers to post a notice about their workers’ compensation status in a common area, such as a breakroom or near time clocks. For subscribers, the notice must list the insurer’s contact information. For non-subscribers, it must state that no coverage is provided and outline the alternative benefits plan, if any.

5. Email the Texas Department of Insurance

If you cannot confirm coverage through the above steps, email coverage.verification@tdi.texas.gov. Include your employer’s name, physical address, and the date of your injury. TDI typically responds within one business day.

6. Ask an attorney to verify for you

A workers’ compensation lawyer can quickly confirm coverage, explain what it means for your case, and begin protecting your rights. In a forklift accident like the one described earlier, having an attorney confirm your employer’s status immediately could change your entire approach to recovering damages.

Subscriber/Nonsubscriber Categories

This unique “subscriber/non-subscriber” categorization in Texas is actually a bit more nuanced and actually, you need to understand the nuances too. In Texas, employers fall into one of several categories when it comes to workers’ compensation coverage. Each category affects what benefits you may receive and how claims are handled.

Subscriber—Covered by a Licensed Texas Insurance Company

These employers are subscribers who purchase workers’ compensation coverage through a private insurance carrier licensed in Texas. Benefits are paid according to state law, and disputes go through the workers’ compensation system.

• Verify coverage at the TXCOMP NCCI website, or
• View subscribers on the Texas Open Data Portal – Subscriber database.

Common employers in this category include governmental entities and private companies.

Subscriber—Certified Self-Insured

Some large employers choose to cover claims themselves rather than purchase an insurance policy. To do so, they must be certified by the Texas Department of Insurance, Division of Workers’ Compensation, and meet strict financial requirements to prove they can cover potential claims.

• Verify certified self-insured workers’ compensation coverage at Texas Certified Self-Insurers.

Subscriber—Governmental Agency that Self Insures

Public entities, such as state agencies, counties, or cities, may fund their own workers’ compensation programs or pool coverage with other governmental units.

• Check for governmental self-insured status at TXCOMP Self-Insured Government Employer.

Government agencies can also choose to pool coverage with other agencies.

Non-Subscriber Status—Employer Without Workers’ Compensation Coverage

A non-subscriber is an employer who has opted out of Texas’s official workers’ compensation program. They may offer an alternative benefit plan, buy private accident insurance, or self-fund injury claims.

You can check for non-subscribers on the Texas Open Data Portal—Non-Subscriber site.

While opting to not subscribe to the state system may save the employer money and allow more control over claims, it often means fewer protections for workers, which means for example:

• They may limit your choice of doctors to a pre-approved list.
• They can require you to give recorded statements to investigators.
• They may ask you to sign waivers giving up your right to seek additional benefits after treatment.
• They are under no obligation to pay for lost wages and if they do, those payments can be stopped at any time.

So the bottom line is that if you work for a non-subscriber, you do not have guaranteed benefits under state law. However, there is good news here too: If the employer’s negligence caused your injury, you can sue for damages. Employees covered by a subscriber employer do not have that right.

“Damages” may include medical expenses, lost wages, lost earning capacity, physical impairment, disfigurement, pain and suffering, and mental anguish; again, all are categories of compensation that are not available in a standard workers’ comp claim.

To win damages, your attorney would need to prove what is legally called, “negligence” on the part of the employer. Negligence claims against non-subscribers can be based on many factors, including:

• Providing an unsafe working environment.
• Failing to properly train or supervise employees.
• Not supplying necessary safety equipment.
• Ignoring known safety hazards.
• Failing to warn employees of known dangers.

Another benefit of having a non-subscriber employer is that Texas law also limits the defenses a non-subscriber can use. For example, they generally cannot argue that you were partially at fault for your injury unless you were intoxicated or intentionally caused it. This legal restriction can significantly strengthen an injured worker’s position in court.

What Happens If You Cannot Confirm Workers’ Compensation Status?

If you check all the databases and cannot confirm the status, email the Texas Department of Insurance at coverage.verification@tdi.texas.gov.

In your email, include your employer’s company name, physical address, and the date of your injury. Someone from the Department of Insurance will respond within one business day.

You can also contact Armstrong Lee & Baker, and our attorneys will assist you in verifying your company’s workers’ compensation status.

The Difference in Benefits for Workplace Injuries

If your employer is in fact a subscriber, Texas law provides four main types of benefits:

• Medical benefits: This covers all reasonable and necessary medical care for your work-related injury. Example: If you suffered a shoulder injury in that forklift incident, the insurer would pay for ER visits, diagnostic tests, surgery, and rehabilitation.
• Income benefits: This benefit replaces part of your lost wages if your injury keeps you from working.
• Death benefits: This provides financial support to eligible family members of a worker who dies from a work-related injury or illness.
• Funeral benefits: This helps pay for burial expenses.

Additional benefits may include vocational rehabilitation or impairment income benefits if you suffer lasting limitations.

On the other hand, if your employer is a non-subscriber, these benefits are not guaranteed.

So, what you can see is that any payments you receive will depend on the status of your employer, and in the case of a non-subscriber, the contents of their alternative plan or what you can recover through a lawsuit. In practice, this often means a much tougher fight for full compensation.

How a Workers’ Comp Attorney Can Help

After a serious workplace injury, your focus should be on healing, not figuring out these complex coverage rules or dealing with insurance adjusters.

Here’s how an attorney could handle that scenario on your behalf:

• Verification: Your attorney can easily confirm whether your employer is a subscriber or non-subscriber.
• Evidence gathering: The lawyer will work to collect all necessary evidence to prove your claim and get you the maximum payout you deserve. This could include, for instance, gathering witness statements, procuring files and reports, accessing security footage, and locating maintenance records.
• Medical documentation: You lawyer would coordinate with your doctors to fully document the extent of your injury.
• Negotiations: You do not want to try to negotiate your own claim, this is a job for experts. Your lawyer will push the insurer or employer for a fair settlement that covers medical bills, lost wages, and other damages.
• Trial preparation: If negotiations fail, your lawyer will prepare you and the case for trial, knowing the specific legal advantages you may have in a non-subscriber claim.

Employers and insurance companies have experienced legal teams. You deserve the same level of representation to protect your health, your livelihood, and your financial future.

If you have questions about completing a Texas workers’ compensation verification and what benefits are available to you after a workplace injury, please contact Armstrong, Lee & Baker LLP.

We have years of experience assisting injured workers in Texas and can help. We understand what a stressful and confusing time this is for you. If your employer does not subscribe to workers’ compensation insurance, we can assist you with filing a lawsuit to get the money you deserve after a workplace injury.

Call or contact us online today to learn more.

C.J. Baker

C.J. Baker represents victims with serious injuries and he won’t let any corporation or insurance company stop his clients from getting complete justice. He has won millions of dollars for victims of 18-wheeler crashes, oilfield equipment failures, offshore platform explosions, and defective medical devices. Our lawyers have 25+ years of combined experience.

Get in touch with C.J. Baker now.