WC Subcontractor Forms Must Be Filed with TDI

A recent article on the Independent Insurance Agents Of Texas site said that a contractor received a nasty surprise on his workers' compensation audit. He executed DWC-83s on all subcontractors throughout the year and presented them to the auditor after the policy expired. Unfortunately, the workers' compensation law requires these forms to be filed with the TDI Division of Workers' Compensation (DWC) and the carrier within 10 days of execution. If they are not filed, then the carrier is not required to accept them and can charge a premium for the subcontractor's employees. Form DWC-83 applies to residential and small commercial contractors and is used to elect or reject coverage for employees of the hiring contractor's subcontractors. For large commercial contractors and other employers that hire independent subcontractors, form DWC-81 is used to elect coverage and also must be filed with the DWC and the carrier. Form DWC-85 is used to reject coverage, but this form does not have to be filed with the DWC or the carrier at the time of execution, but filing with the carrier is recommended. Give us a call for more information.