Fill Your Texas Notice Form Launch Texas Notice Editor Now

Fill Your Texas Notice Form

The Texas Notice form, officially known as the DWC Form-005, is a critical document for employers regarding workers' compensation insurance coverage. This form notifies the Texas Department of Insurance about an employer's lack of coverage or termination of existing coverage. Filling out this form accurately is essential to comply with state regulations, so be sure to complete it by clicking the button below.

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Dos and Don'ts

Things to Do:

  • Ensure all required fields are completed accurately.
  • Submit the form electronically, by fax, or by mail as appropriate.
  • File the form during the designated filing periods to avoid penalties.
  • Provide timely notifications to employees about the lack of coverage.

Things Not to Do:

  • Do not leave any mandatory fields blank.
  • Do not submit the form late, as this may result in administrative penalties.
  • Do not ignore the requirement to notify employees of coverage status.
  • Do not assume that all information is optional; verify what is required.

Sample - Texas Notice Form

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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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

More PDF Templates

Documents used along the form

The Texas Notice form, officially known as the Employer Notice of No Coverage or Termination of Coverage, is a crucial document for employers regarding their workers' compensation insurance status. Alongside this form, several other documents may be necessary to ensure compliance with Texas labor laws. Below is a list of related forms and documents that employers might encounter.

  • DWC Form-007: This form is used by employers to report work-related injuries and diseases when they do not have workers' compensation insurance. It must be filed within seven days of a qualifying incident, such as a work-related death or an employee being absent for more than one day due to an injury.
  • Notice to Employees Concerning Workers' Compensation: Employers are required to post this notice in the workplace. It informs employees about the lack of workers' compensation coverage and must be provided in multiple languages if necessary. This notice must be shared during specific events, such as hiring or terminating coverage.
  • Employer's Report of Non-covered Employee's Occupational Injury or Disease: Similar to the DWC Form-007, this report is specifically for employers with non-covered employees. It details any occupational injuries or diseases affecting employees who have waived coverage.
  • DWC Form-003: This form is the Employee's Claim for Compensation for a Work-Related Injury. Employees use it to file a claim for benefits under workers' compensation insurance. It is essential for those who are covered and need to report an injury.
  • Employer's Certificate of Coverage: This document serves as proof of workers' compensation insurance coverage. Employers must provide this certificate to employees upon request, ensuring transparency about their insurance status.

Understanding these forms and documents is essential for employers to maintain compliance and protect their employees. Each document serves a specific purpose in the context of workers' compensation and contributes to a safer workplace environment.

Common mistakes

Filling out the Texas Notice form can be straightforward, but many people make common mistakes that can lead to delays or issues. One significant error is failing to provide accurate effective dates. The form requires effective dates to be within a one-year period. If the dates are incorrect or exceed this limit, the submission may be rejected. Always double-check the dates to ensure compliance with this requirement.

Another frequent mistake involves the selection of the coverage status. Some individuals either fail to select one of the two options or choose the incorrect one. The form specifically asks whether the employer does not have coverage or has terminated coverage. If this section is left blank or filled out incorrectly, it can lead to confusion and potential penalties. It’s essential to read this section carefully and make a clear selection.

Providing incomplete information about the employer is also a common pitfall. Fields such as the Federal Employer ID Number, business name, and mailing address must be filled out completely. Omitting any of these details can hinder the processing of the form. Ensure all relevant information is included and accurate. This not only helps in the processing but also prevents any administrative issues later on.

Lastly, many people overlook the requirement for signatures and dates. While the online submission does not require a signature, if the form is being submitted via fax or mail, a signature and the date of signing are mandatory. Failing to include this information can result in the form being deemed incomplete. Always remember to sign and date the form if required, as this step is crucial for validation.

Misconceptions

  • Misconception 1: The Texas Notice form is only for employers who have workers' compensation insurance.
  • This is incorrect. The form is required for employers who do not have coverage as well as those who have terminated their coverage. It serves as a formal notification to the Texas Department of Insurance.

  • Misconception 2: Filing the Texas Notice form is optional.
  • In reality, filing the form is mandatory under certain conditions. Employers who do not have coverage or have terminated their coverage must submit the form to avoid administrative penalties.

  • Misconception 3: The Texas Notice form can be submitted at any time.
  • This is not true. There are specific deadlines for filing the form, including annual submissions and notifications within certain timeframes after hiring employees or terminating coverage.

  • Misconception 4: All fields on the Texas Notice form are optional.
  • Contrary to this belief, all applicable fields must be completed. Key sections require specific information, including effective dates and details about the employer's business.

  • Misconception 5: Employers do not need to notify employees if they choose not to have coverage.
  • This is a misunderstanding. Employers are required to inform their employees about the lack of workers' compensation coverage through a posted notice in the workplace and during specific interactions.

  • Misconception 6: The NAICS code is not important for filing the Texas Notice form.
  • In fact, the NAICS code is essential. It helps categorize the employer's business and must be included in the filing to ensure compliance with reporting requirements.

  • Misconception 7: Employers can ignore reportable injuries if they do not have coverage.
  • This is misleading. Even non-covered employers must report work-related injuries and diseases using a different form, the DWC Form-007, if certain conditions are met.

  • Misconception 8: The Texas Notice form can only be submitted by mail.
  • This is inaccurate. Employers have multiple options for submission, including online filing and faxing, making the process more accessible.

  • Misconception 9: The Texas Notice form is the only form non-covered employers need to file.
  • This is not the case. Non-covered employers may also need to file the DWC Form-007 if they have reportable injuries or diseases among their employees.

  • Misconception 10: Once filed, the Texas Notice form does not require any updates.
  • This is incorrect. Employers must update the form whenever there are changes in coverage status, such as obtaining new insurance or terminating existing coverage.

Key takeaways

Filling out the Texas Notice form, specifically the DWC Form-005, is an important process for employers in Texas. Here are some key takeaways to consider:

  • Effective Dates: The form requires effective dates that cannot exceed a one-year period.
  • Coverage Status: Employers must indicate whether they do not have workers' compensation insurance or have terminated their existing coverage.
  • Notification Requirements: Employers must provide the date they informed their insurer of the termination and when employees were notified.
  • Reportable Injuries: If there have been any reportable injuries or diseases since the last notice, this must be addressed on the form.
  • Employer Information: Complete details about the employer's business name, address, and Federal Employer ID Number are necessary.
  • Filing Methods: The form can be submitted electronically, via fax, or by mail to the Texas Department of Insurance.
  • Filing Deadlines: Employers must file the form annually between February 1st and April 30th, or within specific timeframes for other situations.
  • NAICS Code: A six-digit NAICS code is required to classify the employer's business type.
  • Optional Fields: All fields on the form are mandatory, ensuring complete and accurate information is provided.
  • Employee Notification: Employers must post a notice regarding the lack of coverage in multiple languages and provide it to employees at specific times.

Understanding these points can help ensure compliance with Texas workers' compensation regulations and avoid potential penalties.

File Characteristics

Fact Name Description
Governing Law The Texas Notice form is governed by the Texas Workers' Compensation Act, specifically Texas Labor Code Sections 406.004 and 406.007.
Form Number The official designation of the form is DWC005, known as the Employer Notice of No Coverage or Termination of Coverage.
Submission Methods Employers can submit the form electronically, via fax, or by mailing it to the Texas Department of Insurance.
Filing Period Employers must file the form annually between February 1st and April 30th, or within 30 days of hiring their first employee.
Notification Requirement Employers must notify employees if they do not have coverage or if coverage has been terminated, using a specific notice format.
Effective Dates The effective dates provided on the form cannot exceed a one-year period.
Injury Reporting If there are reportable injuries or diseases, employers may need to file a DWC Form-007 in addition to the DWC005.
Mandatory Fields All fields in the DWC005 must be completed; incomplete forms may lead to administrative penalties.
NAICS Code The form requires the six-digit NAICS code, which classifies the employer's business type.
Non-Covered Employers Employers without workers' compensation insurance must still report work-related injuries using the DWC Form-007 if they have five or more employees.

How to Use Texas Notice

Once you have gathered the necessary information, you can begin filling out the Texas Notice form. It is important to complete the form accurately to ensure compliance with Texas Workers' Compensation regulations. Follow these steps carefully to fill out the form correctly.

  1. Enter Effective Dates: In Section I, write the effective start date and end date for the coverage or termination of coverage in the format (mm/dd/yyyy). Make sure the dates do not exceed one year.
  2. Select Coverage Status: In Section II, choose one of the two options regarding coverage: either that the employer does not have coverage or that the coverage has been terminated. Provide the required details if coverage has been terminated.
  3. Provide Termination Details: If you selected termination, fill in the effective date of termination, policy number, insurance company name, the date the insurer was informed, and the date employees were notified.
  4. Report Injuries or Diseases: In Section III, answer the question about any reportable injuries or diseases. If yes, note that you may need to file a DWC Form-007.
  5. Fill in Employer Information: In Section IV, provide the employer's business name, Federal Employer ID Number, mailing address, business type, and the six-digit NAICS code. Include additional business location information if applicable.
  6. Provide Contact Information: In Section V, enter the name and telephone number of the person providing the information. If applicable, include their title, email address, and signature.
  7. Date the Form: Finally, write the date of signature in the format (mm/dd/yyyy).

After completing the form, you can submit it electronically, fax it, or mail it to the address provided at the top of the form. Make sure to keep a copy for your records. If you have any questions or need further assistance, refer to the Texas Department of Insurance website or contact them directly.