Texas workers’ comp and subcontractor insurance requirements
What general contractors, property managers and other businesses hiring subcontractors in Texas need to know: who has to carry workers’ comp, when you’re on the hook for an uninsured sub, and what to collect before work starts.
Texas at a glance
| Who must carry workers’ comp | Optional for most private employers. Employers without coverage are “non-subscribers.” |
|---|---|
| Construction | On construction projects for a government entity, the contractor and every subcontractor must carry workers’ comp and provide certificates (Texas Labor Code § 406.096). |
| Where coverage comes from | Private insurers, plus self-insurance where approved |
| Regulator | Texas Department of Insurance, Division of Workers’ Compensation |
Are you liable for an uninsured sub in Texas?
A general contractor and subcontractor can agree in writing that the GC provides coverage for the sub’s workers, making the GC their statutory employer (Texas Labor Code § 406.123).
Separately, your own workers’ comp premium auditor may charge you for an uninsured sub’s payroll. Collecting a current certificate for every sub is the simplest protection. See workers’ comp audits and uninsured subcontractors, or estimate the cost with the workers’ comp audit calculator.
Texas-specific things to know
- Non-subscribers lose key defenses in injury lawsuits, so most GCs still require subs to carry workers’ comp by contract.
What to collect from subcontractors in Texas
- A certificate of insurance, usually an ACORD 25, showing GL, auto, umbrella and workers’ comp.
- Exemption paperwork for sole proprietors or officers who claim they don’t need workers’ comp under Texas rules.
- Additional insured and waiver of subrogation endorsements for higher-risk trades. See waiver of subrogation on workers’ comp.
- A renewal certificate before each policy expires. See COI expiration.
Common contract minimums
These aren’t set by Texas law. They’re typical subcontract requirements that you can adjust by trade and project size.
| Coverage | Typical minimum |
|---|---|
| General liability | $1M each occurrence / $2M aggregate, additional insured, primary and non-contributory |
| Auto liability | $1M combined single limit |
| Umbrella / excess | $1M–$5M+, by trade risk and project size |
| Workers’ comp / employers’ liability | Statutory / $500K–$1M each, waiver of subrogation |
Generate requirements by trade with the subcontractor insurance requirements generator.
Frequently asked questions
Is workers’ comp required in Texas?
Optional for most private employers. Employers without coverage are “non-subscribers.” On construction projects for a government entity, the contractor and every subcontractor must carry workers’ comp and provide certificates (Texas Labor Code § 406.096). Confirm details with the Texas Department of Insurance, Division of Workers’ Compensation.
Is a general contractor liable for an uninsured subcontractor in Texas?
A general contractor and subcontractor can agree in writing that the GC provides coverage for the sub’s workers, making the GC their statutory employer (Texas Labor Code § 406.123).
What insurance should I require from subcontractors in Texas?
State law sets workers’ comp rules; your contract sets everything else. Common minimums are general liability of $1M per occurrence and $2M aggregate, auto liability of $1M, workers’ comp with employers’ liability of $500K–$1M, and additional insured status and waiver of subrogation in your favor.
General information, not legal or insurance advice. Last reviewed October 2026. Rules change, so confirm with the Texas Department of Insurance, Division of Workers’ Compensation or a licensed professional.
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