Workers' Compensation Coverage — or DWC Non-Subscriber Notice (optional coverage in Texas): Austin restaurant guide

Texas Department of Insurance — Division of Workers' Compensation

What it is

Texas is the only state where private employers may opt out of workers' compensation. If you carry coverage you post the carrier's notice; if you don't ('non-subscriber') you must file a notice of no coverage with DWC, post notices in English and Spanish, give written notice to new hires, and report serious injuries.

When a restaurant needs it

Any restaurant with employees — you must either carry coverage or file as a non-subscriber.

How to apply

Buy a policy through an insurance agent (and post the coverage notice), or file the non-subscriber notice of no coverage with DWC after hiring your first employee and again every year between February 1 and April 30.

Documents you’ll need

• Workers' comp policy and carrier notice (if covered)
• DWC notice of no coverage (if not covered) — filed after first hire and annually Feb 1–Apr 30
• English/Spanish workplace notices
• Written notice to each new hire

Good to know

Going without coverage exposes you to injury lawsuits without the usual common-law defenses; most lenders, landlords and third-party delivery platforms expect coverage. Non-subscribers with 5+ employees must report lost-time injuries, illnesses and deaths to DWC within one month and seven days.

Official source

TDI-DWC — employer information · TDI-DWC — non-subscriber requirements

Last reviewed 2026-10-06. Guidance only, not legal advice.