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Non-Subscription/ERISA Plans

Texas is currently the only state that allows employers to opt out of the workers’ compensation system, becoming a non-subscriber. Being a responsible non-subscriber means assuming control and responsibility for employee work-related injuries.

You can elect to buy a non-subscription/ERISA plan to help cover medical costs, lost wages and also to provide employers liability protection. A properly structured non-subscription program includes claims management and medical bill review provided by a third party administrator.

Texas law requires Employers that elect not to carry workers’ compensation insurance to:

  • Post a notice of non-coverage
  • Give written notice to employees
  • Annually notify DWC (Department of Workers’ Compensation, a division of Texas Department of Insurance)
  • Report injuries to DWC