Quick answer
Texas is the only state where most private employers can choose not to carry workers' compensation. Employers who opt out (non-subscribers) must notify the Texas Department of Insurance and their employees, and they lose key legal defenses in injury lawsuits. General liability isn't required by state law for most businesses; its national median is $45 a month (Insureon, 2026).
Key facts
- Workers' comp
- Optional for most private employers
- Non-subscriber duties
- Notify TDI's Division of Workers' Compensation and employees
- Public contracts
- Government contractors must provide coverage
- National median GL cost
- $45/month (Insureon, 2026)
- Insurance regulator
- Texas Department of Insurance
On this page 9 sections
Workers' comp in Texas: Optional for most private employers. Employers who opt out ("non-subscribers") must notify the Texas Department of Insurance and their employees. Compare all states.
Official sources: Texas Department of Insurance · Texas Department of Insurance, Division of Workers' Compensation
Coverage a Texas needs
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General liability Essential
Third-party bodily injury, third-party property damage, and advertising injury.
Required by most Texas clients, landlords and general contractors.
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Workers' compensation Recommended
Employee medical bills and lost wages after a work injury or illness, plus employer's liability.
Optional in Texas, but it protects against injury lawsuits and is required for government contracts.
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Business owner's policy Recommended
General liability plus commercial property, usually with business interruption, in one package.
Hail and wind make property coverage important for many Texas businesses.
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Commercial auto Recommended
Vehicles owned by your business, including liability and physical damage.
Business-owned vehicles need commercial coverage.
Is business insurance required in Texas?
Texas is unusual: most private employers are not required to carry workers' compensation. That makes Texas the main exception to the national rule. Other coverage is mostly required by contracts:
- Clients and general contractors commonly require general liability and often require workers' comp from subcontractors anyway.
- Commercial landlords usually require general liability.
- Government contracts: businesses that contract with government entities, such as on public building or construction projects, must provide workers' comp coverage for their employees on those projects.
- Vehicles registered in Texas need auto insurance, and business vehicles belong on a commercial policy.
General liability isn't required by Texas law for most businesses, but it's needed to win most commercial work.
Workers' compensation in Texas
Texas employers can choose whether to carry workers' compensation. Employers without coverage are called non-subscribers, and the choice comes with obligations and risks:
- Notice to the state. Non-subscribers must file a notice with the Texas Department of Insurance, Division of Workers' Compensation.
- Notice to employees. Non-subscribers must tell employees they don't have coverage, both when hiring and with posted notices at the workplace.
- Lost defenses. An injured employee can sue a non-subscriber directly, and the employer generally can't use common defenses such as claiming the employee was partly at fault or that a co-worker caused the injury.
Some non-subscribers buy an employer's liability or occupational injury policy instead. Whether that's a good fit depends on your risk; discuss it with a licensed agent. Workers' comp, by contrast, generally limits an employee's right to sue in exchange for guaranteed benefits.
What else Texas business owners should know
- Hail and wind. Large parts of Texas see frequent hail and windstorms. Property and BOP policies may have separate wind or hail deductibles, so compare deductibles, not just premiums.
- Coastal areas. Businesses near the Gulf Coast should ask how windstorm coverage is handled, since it may be excluded or offered separately in some coastal areas.
- Construction and energy work. Many general contractors and project owners in Texas require workers' comp from subcontractors regardless of the state's opt-out rule.
- Vehicles. Long driving distances mean many businesses use vehicles heavily. Review commercial auto or hired and non-owned auto (HNOA) coverage if you or employees drive for work.
How much does business insurance cost in Texas?
We don't publish a Texas-specific median, because reliable state-level price data isn't publicly available. What we can share are national medians. According to Insureon's 2026 data from 100,000 small-business customers (most with 1–4 employees):
| Policy | National median |
|---|---|
| General liability | $45/month ($538/year) |
| Business owner's policy (BOP) | $83/month ($990/year) |
| Professional liability / E&O | $88/month |
| Workers' compensation | $54/month |
| Commercial umbrella | $86/month |
| Cyber insurance | $129/month |
Prices in Texas can be higher or lower than these figures. Hail and wind exposure, coastal location and the size of the metro area you work in can all affect Texas premiums. Your own quote depends on your industry, payroll, revenue, number of employees, claims history, the limits and deductible you choose, and where in the state you operate. Riskier work costs more: Insureon's construction customers, for example, pay a median of $82 a month for general liability and $254 a month for workers' comp, compared with $29 and $40 for consultants. Use our business insurance cost calculator for a rough national estimate, then get real quotes.
How to verify requirements and coverage in Texas
- Check workers' comp rules with the state. The Texas Department of Insurance, Division of Workers' Compensation is the authority on who must carry coverage, exemptions and penalties. Our workers' comp requirements by state table is a starting point, not a substitute.
- Check your license. If your trade is licensed in Texas, the licensing board can tell you whether proof of liability insurance, a bond or workers' comp is part of getting or renewing your license.
- Read your contracts and lease. Clients, general contractors, venues and landlords set their own minimums, often $1 million per occurrence and $2 million aggregate for general liability, and may ask to be named as an additional insured.
- Confirm the insurer is licensed. The Texas Department of Insurance regulates insurance companies and agents in Texas. You can use its website to check that an insurer or agent is licensed and to file a complaint.
- Keep proof handy. Ask for a certificate of insurance (COI) as soon as your policy starts so you can send it to clients quickly.
How to get Texas Business Insurance Requirements
- Decide on workers' comp
Weigh the cost of coverage against the lawsuit risk of being a non-subscriber, and check whether any contract requires it.
- Meet non-subscriber duties if you opt out
File the required notice with the Texas Department of Insurance and inform employees in writing and with posted notices.
- Review contracts
Check client and lease requirements for general liability limits and additional insured status.
- Compare quotes
Compare quotes from Texas-licensed insurers for the same coverage.
- Get certificates
Request certificates of insurance for clients, general contractors and landlords.
Frequently asked questions
Is workers' comp required in Texas?
For most private employers, no. Texas lets employers choose whether to carry workers' compensation. Employers who opt out must notify the Texas Department of Insurance and their employees, and they can be sued directly by injured workers without some common defenses. Government contractors must provide coverage.
Is general liability insurance required in Texas?
Texas law doesn't require general liability for most businesses. However, clients, commercial landlords and general contractors usually require it, often at $1 million per occurrence and $2 million aggregate. It's a practical requirement for most commercial work.
What is a non-subscriber in Texas?
A non-subscriber is a Texas employer that chooses not to carry workers' compensation. Non-subscribers must file a notice with the Texas Department of Insurance and inform employees. Injured employees can sue them directly, and the employer loses several common legal defenses.
How much does business insurance cost in Texas?
We don't publish a Texas-specific median. Nationally, Insureon's 2026 data shows a median of $45 a month for general liability and $83 for a business owner's policy. Texas premiums depend on your industry, location, hail and wind exposure, payroll and claims history.
Do Texas contractors need workers' comp?
State law doesn't require it for most private work, but many general contractors and project owners require subcontractors to carry it, and government construction contracts require coverage. Without it, an injured worker could sue your business directly.
Who regulates insurance in Texas?
The Texas Department of Insurance regulates insurers and agents, and its Division of Workers' Compensation oversees the workers' comp system, including non-subscriber notices. Use TDI's website to check rules and confirm that an insurer is licensed.
Sources
- Insureon — Small business insurance costs (2026)
- MoneyGeek — Workers' comp requirements by state (2026)
- Texas Department of Insurance
- U.S. Small Business Administration — Get business insurance
We cite official agencies and published industry data. See our editorial policy. Found an error? Tell us.
This guide is general information, not insurance, legal or financial advice. Coverage, exclusions and prices vary by insurer and state. Always read the policy and ask a licensed agent before you buy.