Who Pays for Workers' Comp in Texas?

WORKERS COMPENSATION LAWWORK INJURYWORKERS COMPENSATION

2/21/20241 min read

When it comes to workers' compensation in Texas, the responsibility for paying benefits lies with specific entities. The Division of Workers' Compensation (DWC) itself does not directly pay benefits. Instead, benefits are paid by workers' compensation insurance companies, employers who are certified to self-insure, or self-insured governmental entities.

Workers' compensation insurance companies play a crucial role in the payment of benefits. These companies provide coverage to employers, ensuring that they have the financial means to compensate employees who suffer work-related injuries or illnesses. Employers pay premiums to these insurance companies, who, in turn, handle the process of paying benefits to eligible workers.

Another option for employers is to become certified to self-insure. This means that they take on the responsibility of providing workers' compensation benefits directly to their employees without relying on an insurance company. However, not all employers are eligible for self-insurance. They must meet certain financial and operational criteria set by the DWC to ensure they have the capacity to fulfill their obligations.

In addition to private companies and self-insured employers, certain governmental entities in Texas can also self-insure for workers' compensation. This includes state agencies, counties, cities, school districts, and other public entities. These entities have the financial capability to handle workers' compensation claims internally and provide benefits to their employees without relying on insurance companies.

It is important to note that workers' compensation benefits in Texas are designed to provide financial assistance to employees who suffer work-related injuries or illnesses. These benefits can cover medical expenses, wage replacement, and other related costs. The specific amount and duration of benefits depend on the nature and severity of the injury or illness, as well as other factors outlined in the Texas Workers' Compensation Act.

In conclusion, the DWC does not directly pay benefits for workers' compensation in Texas. Instead, benefits are paid by workers' compensation insurance companies, self-insured employers, or self-insured governmental entities. These entities play a crucial role in ensuring that employees receive the necessary financial support when they suffer work-related injuries or illnesses.