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The Texas Notice form, formally known as the Employer Notice of No Coverage or Termination of Coverage, is a crucial document for employers navigating their responsibilities under the Texas Workers' Compensation Act. This form serves to inform the Texas Department of Insurance about two significant changes: when an employer does not have workers' compensation insurance or when such coverage has been terminated. Within the form, several critical sections ensure that pertinent information is clearly communicated. Employers must specify effective dates of coverage, submit details regarding the policy’s termination, and report any injuries or diseases that may have occurred since the last notice was filed. The form requires input from the employer, including business identification and contact details, and must be submitted within specific time frames—annually or upon significant employment changes. With clear instructions on filing procedures, the Texas Notice highlights the importance of compliance to avoid administrative penalties. Proper completion and timely submission not only fulfill regulatory obligations but also ensure that employees are informed about their coverage status, thus promoting transparency and safety in the workplace.

Texas Notice Example

Texas Department of Insurance

DWC005

Division of Workers' Compensation - Insurance Coverage (MS-96)

 

7551 Metro Center Drive, Suite 100, Austin, Texas 78744-1645

 

(800) 252-7031 | F: (512) 804-4146 | TDI.texas.gov | @TexasTDI

Submit Form

Employer Notice of No Coverage or Termination of Coverage

La versión en español está disponible en http://www.tdi.texas.gov/forms/dwc/dwc005snocov.pdf

I. EFFECTIVE DATES (The effective dates cannot exceed a one-year period)

The election selected below is effective from

(mm/dd/yyyy) to

(mm/dd/yyyy).

II. STATEMENT OF NO COVERAGE

1. SELECT ONE

The employer named below DOES NOT HAVE workers' compensation insurance coverage, pursuant to the Texas Workers' Compensation Act, Texas Labor Code, Section 406.004.

OR

The employer named below HAS TERMINATED workers' compensation insurance coverage, pursuant to the Texas Workers' Compensation Act, Texas Labor Code, Section 406.007. (Provide the following information.)

Policy terminated effective (mm/dd/yyyy):

Policy number:

Insurance company:

Insurer informed of termination on (mm/dd/yyyy):

Employees were (or will be) notified on (mm/dd/yyyy):

III. STATEMENT OF REPORTABLE INJURIES OR DISEASES

2.Did you have any death, injury that resulted in the injured employee's absence from work for more than one day, or knowledge of an occupational disease since your last Employer Notice of No Coverage or Termination of Coverage?

Yes No

If your response is “Yes”, you may be required to file a DWC Form-007, Non-covered Employer's Report of Occupational Injury or Illness. (See the Frequently Asked Questions section of this form.)

IV. PRIMARY EMPLOYER INFORMATION

3. Employer Business Name

4. Federal Employer ID Number

5. Employer Business Mailing Address (Street or PO Box, City State Zip)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6. Employer Business Type

7. Six-Digit NAICS Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOTE: You must provide name, Federal Employer ID number and address of each Texas business location, subsidiary, or separate entity of the primary employer covered by this report.

Row

 

Name

 

Federal Employer ID

 

 

 

 

 

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Next

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street or PO Box

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Delete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

 

 

 

State

 

 

 

Zip Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

T

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

V. PERSON PROVIDING INFORMATION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8. Name

 

 

9. Telephone Number (area code, number, extension)

 

 

 

 

For TDI-DWC Use Only

10. Title

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11. E-mail Address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12. Signature

 

13. Date of Signature (mm/dd/yyyy)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DWC005 Rev. 02/18

Page 1 of 3

DWC005

Frequently Asked Questions

Employer Notice of No Coverage or Termination of Coverage

Who must file the DWC Form-005?

You must file the DWC Form-005 if you:

·do not have workers' compensation insurance, or

·you have terminated your workers' compensation insurance coverage

However, if your only employees are exempt from coverage under the Texas Workers' Compensation Act (for example, certain domestic workers, and certain farm and ranch workers) you do not have to file.

Failure to file the form when required may subject the employer to administrative penalties.

How do I file the DWC Form-005?

Employers can submit the DWC Form-005 to the TDI-DWC by:

·filing electronically on the TDI website at: https://txcomp.tdi.state.tx.us/TXCOMPWeb/common/home.jsp:

·faxing the form to (512) 804-4146; or

·mailing the form to the address listed at the top of the form.

When do I file the DWC Form-005?

You must file a separate DWC Form-005 each time one of the following conditions exists:

·Annually between February 1st and April 30th of each calendar year;

·Within 30 Days of hiring your first employee, unless this due date falls between February 1st and April 30th and you submit the form within this time period;

·Within 10 Days of receiving a request (to file the DWC Form-005) from DWC;

·Within 10 Days after notifying your workers' compensation insurance carrier that you are terminating coverage unless you purchasea new policy or become a certified self-insurer;

How do I determine my filing start date?

Use May 1, unless:

1.You have never filed a DWC Form-005, then the start date is the first day you did not have coverage (see either #2 or #3 to determine the specific date).

2.You terminated workers' compensation insurance coverage, then the start date is the first date you did not have coverage.

3.You hired your first employee, then the start date is the first day the employee started working.

How do I determine my filing period end date?

Use April 30, unless:

·You purchased, or plan to purchase a workers' compensation insurance policy, then the End Date is the last date you did not, or will not, have coverage.

What is a NAICS code?

NAICS (pronounced "nakes") is the six-digit North American Industry Classification System code that identifies theclassification of your business. You may be able to locate the code in either:

1.Block 5 of your Unemployment Quarterly Report (Form C-3) from the Texas Workforce Commission; and/or;

2.If you have multiple NAICS codes, they may appear in the left margin of the Multiple Worksite Report - BLS 3020 from the U.S. Bureau of Labor Statistics; or

3.For more help with NAICS codes, visit the NAICS web page at:

www.naics.com

Select "Find Your NAICS Code" from the top menu and use the "NAICS Keyword Search" to enter one or more words that generally describe your business. For example, if you are in the restaurant business, enter "restaurant" and get a complete listing of NAICS codes for the restaurant industry.

DWC005 Rev. 02/18

Page 2 of 3

Are any fields on the DWC Form-005 optional?

DWC005

All applicable fields must be completed each time the DWC Form-005 is filed.

Section I

·The effective dates are always required.

Section II

·When reporting cancellation or termination of workers' compensation insurance in Statement of No Coverage, the policy and insurer information, and the notification dates must be provided.

Section III

·A selection from Statement of Reportable Injuries or Diseases is always required.

Section IV

·All primary employer fields (boxes 3 through 7) are required.

·Additional business location information is required when applicable.

Section V

·The signature field is not required when filing online.

How/when must a non-subscriber notify employees that workers' compensation coverage is not provided?

You must post the Notice to Employees Concerning Workers' Compensation in Texas in the workplace in English, Spanish and any other language common to the employer's employee population in the print type specified by DWC rules whenever you:

1.elect to not have workers' compensation insurance;

2.cancel or terminate workers' compensation insurance;

3.withdraw from certified self-insurance; or

4.have workers' compensation coverage cancelled by the insurance company.

You must also provide this notice to each employee:

1.at the time of hire;

2.when the employer elects to not have workers' compensation insurance;

3.within 15 days of notification to the insurance carrier that the employer is terminating coverage unless the employermaintains continuous coverage under a new policy or becomes a certified self-insurer; or

4.within 15 days of cancellation by the insurance company.

The required notice may be found on the TDI website at:

http://www.tdi.texas.gov/forms/dwc/notice5.pdf (English) and

http://www.tdi.texas.gov/forms/dwc/notice5s.pdf (Spanish)

Are non-covered employers required to file other forms with TDI-DWC?

You must report work-related injuries and diseases using the DWC Form-007, Employer's Report of Non-covered Employee's Occupational Injury or Diseases if:

1.You have five or more employees and do not have workers' compensation insurance; or

2.you have employee(s) that have waived workers' compensation insurance coverage, whether or not you have workers' compensation insurance.

You must file the form not later than the 7th day of the month following any month in which:

·a work-related death occurred;

·an employee was absent from work for more than one day* as a result of a work-related injury;

·you acquired knowledge of an occupational disease.

*Do not count the day of the injury or the day the injured employee returned to work when calculating the number of days absent from work.

The DWC Form-007 can be obtained from the TDI website at http://www.tdi.texas.gov//forms/dwc/dwc007injnc.pdf.

NOTE: With few exceptions, upon your request, you are entitled to be informed about information TDI-DWC collects about you; receive and review the information (Government Code, §§552.021 and 552.023); and have TDI-DWC correct information that is incorrect (Government Code,§559.004). For more information, contact agencycounsel@tdi.texas.gov or you may refer to the Corrections Procedure section at www.tdi.texas.gov.

DWC005 Rev. 02/18

Page 3 of 3

Form Characteristics

Fact Name Details
Governing Law The Texas Workers' Compensation Act, Texas Labor Code Sections 406.004 and 406.007.
Form Purpose This form notifies the Texas Department of Insurance about an employer's lack of coverage or termination of workers' compensation insurance.
Filing Deadline The DWC Form-005 must be filed annually between February 1 and April 30. It also should be submitted within specific time frames depending on changes in coverage status.
Reporting Injuries If there are any reportable injuries or diseases, further action may be needed. A separate DWC Form-007 may be required.
Required Information Employers must provide accurate business details and effective dates on the form. All applicable fields must be completed.
Notification to Employees Employers must inform employees if they don't have coverage. This notification needs to be given at the time of hire and under other specific circumstances.

Guidelines on Utilizing Texas Notice

Completing the Texas Notice form is an essential step to ensure compliance with state regulations regarding workers' compensation coverage. After filling out the form accurately, you will need to submit it through one of the approved methods. This could be done electronically, via fax, or by mailing it to the Texas Department of Insurance. Below is a straightforward guide to help you fill out the form effectively.

  1. Fill in the Effective Dates: Indicate the start and end dates for the coverage period in the format mm/dd/yyyy. Remember, this period cannot exceed one year.
  2. Choose a Coverage Statement: Select whether your company does not have workers' compensation insurance or has terminated existing coverage. If applicable, provide details including the termination date, policy number, insurance company name, notification date to the insurer, and the date employees were informed.
  3. Report Injuries or Diseases: Answer if there have been any reportable injuries or diseases since the last filing. If yes, be prepared to complete a DWC Form-007.
  4. Enter Employer Information: Fill in your company's name, Federal Employer ID Number, business mailing address, business type, and the six-digit NAICS code. Provide the information for every Texas business location, subsidiary, or separate entity tied to the primary employer.
  5. Provide Personal Information: Enter the name and telephone number of the person completing the form, along with the title, email address, and signature. Include the date you signed the form.

Once the form is filled out, review it for accuracy to avoid potential issues. Submitting the completed Texas Notice form on time is crucial to maintain compliance and prevent administrative penalties.

What You Should Know About This Form

Who must file the DWC Form-005?

You must file the DWC Form-005 if your business does not have workers' compensation insurance or if you have terminated your existing coverage. Keep in mind that if all of your employees are exempt from coverage under Texas law, such as certain domestic or farm workers, you do not need to file this form. Not filing when required may lead to penalties against your company.

How do I file the DWC Form-005?

You can submit the DWC Form-005 in several ways. You can file electronically on the TDI website. Alternatively, you can fax the completed form to (512) 804-4146 or mail it to the address listed at the top of the form. Choose the method that works best for you.

When do I file the DWC Form-005?

A separate DWC Form-005 is required in a few situations: annually from February 1st to April 30th, within 30 days of hiring your first employee, within 10 days if requested by the DWC, and within 10 days after notifying your insurance carrier about terminating coverage—even if transitioning to a new policy or becoming self-insured. Make sure to note these timelines to remain compliant.

Are any fields on the DWC Form-005 optional?

No fields are optional. Each section of the DWC Form-005 must be completed when filed. This includes the effective dates, policy and insurance information for termination, reportable injuries, and primary employer information. Be thorough to avoid issues with your submission.

How must a non-subscriber notify employees about lack of coverage?

You are required to post the "Notice to Employees Concerning Workers' Compensation" in your workplace, in English, Spanish, and any other relevant languages. This notice must be displayed when you choose not to have insurance, cancel it, or if coverage is terminated by your insurance company. Also, provide this notice to every employee during certain specified times, such as at hire or within 15 days of notifying the carrier about coverage termination.

Common mistakes

When filling out the Texas Notice form, individuals often overlook key details that can lead to complications or delays in processing. One common mistake is failing to accurately document the effective dates. It is critical to ensure that the dates do not exceed a one-year period. If these dates are inaccurate, it may result in the form being rejected or requesting additional clarification from the Texas Department of Insurance.

Another frequent error involves the incorrect selection between the two options in the statement of no coverage. Employers must clearly indicate whether they do not have coverage or have terminated coverage. Not choosing the correct option can lead to confusion or miscommunication about an employer's coverage status and responsibilities.

Many individuals also neglect to provide complete information about their insurance policies and termination notifications. For example, the form requires not only the effective termination date but also details such as the policy number and insurance company. Omitting this information can trigger delays in processing or result in administrative penalties for failing to comply with reporting requirements.

Moreover, the primary employer information section is often incomplete. This section demands specific details—such as the Federal Employer ID Number and the NAICS code—that are necessary for proper identification of the business. Missing this information can complicate the review process and result in setbacks in meeting compliance requirements.

Lastly, many people forget to sign and date the form where required. While the signature may not be needed for electronic submissions, it is a must for mailed or faxed forms. Without a signature, the form cannot be processed, meaning the employer remains at risk of penalties for not maintaining proper coverage documentation.

Documents used along the form

In Texas, the Notice of No Coverage or Termination of Coverage form, known as DWC Form-005, is one of several important documents employers may encounter in the realm of workers' compensation. Understanding the context and use of related forms is essential for ensuring compliance with state regulations. Below, you will find a brief overview of other forms that are often used alongside the Texas Notice form.

  • DWC Form-007: Employer's Report of Non-covered Employee's Occupational Injury or Disease - This form is required for employers who do not have workers' compensation insurance but have five or more employees. It must be filed within seven days after an eligible work-related injury or diagnosis is known, detailing any incidences that led to a worker's absence for more than one day.
  • Notice to Employees Concerning Workers’ Compensation in Texas - Employers must provide this notice to inform employees of their workers’ compensation coverage status. It should be posted in the workplace and shared with employees at the time of hiring or when the employer chooses not to maintain coverage.
  • DWC Form-030: Employer’s Notification of Intent to Elect to Become a Certified Self-insurer - This form is used by employers who decide to self-insure instead of obtaining a traditional workers' compensation policy. By filling out this form, employers initiate the process to obtain certification under Texas law.
  • DWC Form-125: Request for Carrier Name and Address - Employers use this form to request the name and address of the insurance carrier for their workers' compensation coverage. It's particularly helpful when they need to clarify or rectify coverage details.

Having a clear understanding of these forms and their purposes not only facilitates compliance but also enhances the relationship between employers and their employees. Ensuring that all necessary documentation is correctly filed and communicated helps create a safer and more informed workplace environment.

Similar forms

The Texas Notice of No Coverage or Termination of Coverage form (DWC Form-005) serves a critical purpose for employers regarding workers' compensation insurance. Several other documents share similarities with this form, focusing on employer obligations or worker protection. Below are six such documents and the specific aspects they have in common with the Texas Notice form:

  • DWC Form-007 - This is the Employer's Report of Non-covered Employee's Occupational Injury or Diseases. Like the Texas Notice form, it is used by employers who do not have workers' compensation insurance. Both documents require specific reporting of incidents involving employees, such as injuries or illnesses, within defined time frames.
  • DWC Form-003 - The Injury Report is required to report work-related injuries. Similar to the Texas Notice form, this document allows employers to communicate information about workplace incidents, ensuring that the necessary information reaches the appropriate authorities promptly.
  • Notice to Employees Concerning Workers' Compensation - This notice must be posted by employers who choose not to have workers' compensation insurance. Both this notice and the Texas Notice form emphasize the employer's responsibility in informing employees about their coverage status, thus enhancing employee awareness and safety.
  • DWC Form-030 - The Non-Subscriber Notification is utilized when an employer decides to discontinue workers' compensation coverage. It shares a thematic similarity with the Texas Notice form as it informs the workforce about changes in coverage status, requiring specific dates and details regarding the termination.
  • Employer's OSHA Log (Form 300) - This log documents workplace injuries and illnesses. Both forms necessitate accurate reporting of incidents, thereby helping maintain workplace safety while offering insights into claims and coverage status.
  • Employee Waiver of Coverage - This document is used when employees agree to waive their rights to workers' compensation coverage. Similar to the Texas Notice form, it is crucial for establishing a clear understanding between the employer and employees about insurance coverage, especially for non-covered employees.

Each of these documents is essential for ensuring compliance with Texas labor laws and maintaining communication between employers and employees regarding coverage matters. Understanding their similarities can help employers navigate their responsibilities effectively.

Dos and Don'ts

Filling out the Texas Notice form correctly is crucial. Here is a list of things to do and things to avoid during this process:

  • Do: Complete all required fields on the form accurately.
  • Do: Check the effective dates to ensure they do not exceed one year.
  • Do: Notify employees of coverage termination promptly and comply with notice requirements.
  • Do: Keep copies of all submitted forms and correspondence for your records.
  • Do: Submit the form by fax, mail, or online through the TDI website.
  • Do: Seek assistance from TDI if you have questions about the form.
  • Don't: Forget to include your Federal Employer ID Number.
  • Don't: Mix up the dates—ensure termination dates are accurate.
  • Don't: Disregard the requirement to file within specified time frames.
  • Don't: Leave required sections blank; all applicable fields must be filled out.
  • Don't: Submit the form late; ensure it is filed on time to avoid penalties.
  • Don't: Hesitate to ask for help if you’re unsure about any part of the process.

Misconceptions

Misconceptions often arise about administrative forms, and the Texas Notice form is no exception. Below are some common misunderstandings about the Texas Department of Insurance's DWC Form-005, along with clarifications to help you navigate the process more effectively.

  • My employer will be penalized if I don’t have workers' compensation insurance. Some employers may think that the absence of insurance automatically leads to penalties. However, the requirement to file the DWC Form-005 is only triggered if you do not have coverage or if coverage has been terminated. If your employees are exempt from coverage, you may not need to file.
  • The form can be filed at any time. Many believe they can submit the DWC Form-005 whenever they feel like it. Instead, this form must be submitted within specific time frames, like within 30 days of hiring your first employee or by April 30th of each year.
  • Once filed, you do not need to do anything else regarding workers' compensation. Some may assume that completion of the form is a one-and-done scenario. It's essential to remember that ongoing compliance with workers' compensation requirements is necessary and any changes in status must be reported.
  • Only large businesses need to file the form. It’s a common myth that only large employers must worry about this form. Regardless of company size, if you do not have coverage or have terminated it, the filing is necessary.
  • Completing the form is optional. Some individuals mistakenly think that submitting the DWC Form-005 is a matter of choice. Failing to file can result in administrative penalties, making it a mandatory action when applicable.
  • The NAICS code is optional information. Incorrectly, some employers believe that providing their NAICS code on the form isn't necessary. However, all fields, including the NAICS code, must be completed to ensure accurate processing of the form.
  • Notification to employees is only necessary for coverage that has been terminated. There is a misunderstanding that employees only need to be informed if coverage ceases. In reality, notice must be provided in various situations, such as when an employer chooses not to have coverage or when coverage is canceled.

Understanding these points can prevent confusion and ensure compliance. When in doubt, consider seeking further guidance or consulting resources provided by the Texas Department of Insurance.

Key takeaways

When filling out and using the Texas Notice form (DWC-005), it’s essential to keep several key points in mind. Understanding these takeaways will help ensure compliance and avoid potential issues.

  • Timeliness is crucial. You must submit the DWC Form-005 within specified time frames, like annually between February 1st and April 30th. If you hire your first employee, the form is due within 30 days.
  • Be thorough with the details. Accurate information is vital. You’ll need to provide effective dates, the reasons for no coverage, policy details, and employee notifications.
  • Report injuries when required. If you experience a work-related injury or illness, you may need to file an additional form, DWC Form-007, especially if you have five or more employees.
  • Consumer awareness matters. If you don’t provide workers' compensation insurance, you must inform your employees using proper notices in multiple languages to ensure they are aware.
  • Electronic filing is an option. You can file the DWC Form-005 electronically through the TDI website, or choose to fax or mail it, making the process flexible based on your needs.

By focusing on these key aspects, you can navigate the filing process more effectively and fulfill your obligations under Texas law.