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Outline

The Texas Notice form, officially known as the DWC005, serves as a critical document for employers regarding their workers' compensation insurance status. This form is essential for notifying the Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC), when an employer either lacks workers' compensation coverage or has terminated an existing policy. It requires employers to provide specific information, including effective dates of coverage, details about the termination or lack of coverage, and any reportable injuries or diseases that may have occurred since the last notice was filed. Additionally, the form collects primary employer information, such as the business name and Federal Employer ID Number, ensuring that the TDI-DWC has accurate records. Employers must also indicate whether they have had any reportable injuries or occupational diseases, which may necessitate filing an additional report. The completion and timely submission of this form are not only crucial for compliance but also serve to protect both employers and employees by maintaining transparency regarding workers' compensation coverage. Failure to file the form when required can lead to administrative penalties, highlighting the importance of understanding and adhering to the filing requirements outlined by Texas law.

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 [email protected] or you may refer to the Corrections Procedure section at www.tdi.texas.gov.

DWC005 Rev. 02/18

Page 3 of 3

Form Information

Fact Name Description
Governing Law The Texas Workers' Compensation Act, Texas Labor Code, Sections 406.004 and 406.007 govern the form.
Purpose This form notifies the Texas Department of Insurance about an employer's lack of workers' compensation insurance or termination of coverage.
Filing Requirements Employers must file if they do not have coverage or have terminated their coverage, unless all employees are exempt.
Submission Methods The form can be submitted electronically, by fax, or by mail to the Texas Department of Insurance.
Filing Deadlines Forms must be filed annually between February 1 and April 30 or within specific time frames after hiring or terminating coverage.
NAICS Code The form requires a six-digit NAICS code to classify the business type.
Information Requirements All applicable fields must be completed, including effective dates and employer information.
Employee Notification Employers must notify employees about the lack of coverage in specified time frames and languages.
Additional Reporting Employers without coverage must file a DWC Form-007 for work-related injuries or diseases under certain conditions.

Detailed Guide for Filling Out Texas Notice

Completing the Texas Notice form is a straightforward process that requires specific information about your business and its workers' compensation coverage. Once the form is filled out correctly, you will need to submit it to the Texas Department of Insurance, Division of Workers' Compensation. This can be done electronically, via fax, or by mail.

  1. Enter Effective Dates: Fill in the start and end dates of the coverage or termination period in the format (mm/dd/yyyy).
  2. Select Coverage Status: Indicate whether your business does not have workers' compensation insurance or has terminated coverage by checking the appropriate box.
  3. Provide Policy Information: If you have terminated coverage, include the termination date, policy number, insurance company name, and the date the insurer was informed of the termination.
  4. Notify Employees: Enter the date when employees were notified about the termination of coverage.
  5. Report Injuries or Diseases: Answer whether there have been any reportable injuries or diseases since the last notice. If yes, be prepared to file a DWC Form-007.
  6. Fill in Employer Information: Provide your business name, Federal Employer ID Number, mailing address, business type, and six-digit NAICS code.
  7. List Additional Locations: If applicable, provide the name, Federal Employer ID number, and address of each Texas business location or subsidiary.
  8. Provide Contact Information: Fill in your name, phone number, title, email address, and signature. Include the date of signature.

Obtain Answers on Texas Notice

  1. Who must file the DWC Form-005?

    The DWC Form-005 must be filed by employers who do not have workers' compensation insurance or have terminated their existing coverage. If an employer's only employees are exempt from coverage under the Texas Workers' Compensation Act, such as certain domestic or farm workers, filing is not required. It's important to note that failing to file this form when necessary can result in administrative penalties.

  2. How do I file the DWC Form-005?

    Employers can submit the DWC Form-005 in several ways:

    • Electronically through the TDI website at TDI Texas.
    • By faxing the completed form to (512) 804-4146.
    • By mailing the form to the address listed at the top of the form.
  3. When do I file the DWC Form-005?

    A separate DWC Form-005 must be filed under specific conditions:

    • Annually between February 1st and April 30th.
    • Within 30 days of hiring the first employee, unless this period falls between February 1st and April 30th.
    • Within 10 days of receiving a request from DWC to file the form.
    • Within 10 days after notifying the insurance carrier of coverage termination, unless a new policy is purchased or self-insurance is certified.
  4. What is a NAICS code?

    The NAICS code, or North American Industry Classification System code, is a six-digit number that classifies your business. This code helps identify the nature of your business activities. You can find your NAICS code in your Unemployment Quarterly Report from the Texas Workforce Commission or the Multiple Worksite Report from the U.S. Bureau of Labor Statistics. For assistance, visit naics.com and use the "Find Your NAICS Code" tool.

  5. Are any fields on the DWC Form-005 optional?

    No fields are optional on the DWC Form-005. Each section requires completion:

    • Effective dates are mandatory.
    • Policy and insurer information must be provided when reporting cancellation or termination.
    • A selection regarding reportable injuries or diseases is required.
    • All primary employer fields must be filled out, and additional business location information is necessary if applicable.
    • The signature field is not required for online submissions.

Common mistakes

Filling out the Texas Notice form can be straightforward, but many people make common mistakes that can lead to complications. One major error is failing to include the effective dates. The form requires specific start and end dates, which cannot exceed one year. Without this information, your submission may be considered incomplete.

Another frequent mistake is not selecting the correct statement of no coverage. Employers often overlook the choice between stating they do not have coverage or that they have terminated their coverage. This selection is crucial for the form's validity and must accurately reflect the employer's situation.

Many individuals also forget to provide the policy termination date and the policy number. This information is essential, especially if the employer has terminated their insurance coverage. Omitting these details can lead to delays or penalties.

Inaccurate reporting of injuries or diseases is another area where mistakes occur. Employers must answer the question regarding reportable injuries or diseases accurately. If there have been any incidents since the last notice, it is essential to respond "Yes" and be prepared to file additional forms if required.

Providing incomplete employer information is a common oversight. All fields, including the business name, Federal Employer ID Number, and mailing address, must be filled out completely. Incomplete information can hinder processing and lead to administrative penalties.

Some people mistakenly believe that certain fields are optional. However, every section of the form must be completed. This includes the primary employer fields and the signature, which is not required for online submissions but must be included for mailed forms.

Additionally, the NAICS code is often left out or incorrectly entered. This six-digit code is necessary for identifying the business classification. Employers should take the time to find and enter the correct code to avoid issues with classification.

Another error involves the timing of the filing. Many employers do not file the form within the required timeframes, such as within 30 days of hiring their first employee or within 10 days of terminating coverage. Missing these deadlines can result in penalties.

Finally, failing to notify employees about the lack of coverage is a serious mistake. Employers must post the required notices in the workplace and provide them to employees at specific times. Not doing so can lead to legal repercussions.

By being aware of these common mistakes, employers can ensure that their Texas Notice form is filled out correctly and submitted on time. Taking these steps is crucial to avoid penalties and maintain compliance with Texas Workers' Compensation laws.

Documents used along the form

The Texas Notice form, officially known as the DWC Form-005, is crucial for employers who do not have workers' compensation insurance or who have terminated their coverage. However, it is often accompanied by other important forms and documents that help ensure compliance with Texas workers' compensation laws. Below is a list of related forms that employers may need to be aware of when dealing with workers' compensation issues.

  • DWC Form-007: This form, titled the Employer's Report of Non-covered Employee's Occupational Injury or Disease, must be filed by employers who do not have workers' compensation insurance but have five or more employees. It is required when a work-related injury results in an absence of more than one day or when an occupational disease is reported.
  • Notice to Employees Concerning Workers' Compensation in Texas: Employers are required to post this notice in the workplace to inform employees about the lack of workers' compensation coverage. It must be available in English, Spanish, and any other language commonly spoken by employees.
  • DWC Form-004: This is the Employer's Election to Become a Certified Self-Insurer form. Employers who wish to self-insure their workers' compensation must complete and submit this form to the Texas Department of Insurance.
  • DWC Form-006: This form is used for the Employer's Notice of Intent to Cancel Workers' Compensation Insurance. It must be submitted to notify the Texas Department of Insurance when an employer plans to cancel their coverage.
  • DWC Form-009: The Employer's Report of Injury form is used by employers to report work-related injuries. It is essential for documenting incidents and ensuring compliance with reporting requirements.
  • DWC Form-030: This form is the Employee's Notice of Injury or Illness. Employees must complete this form to formally notify their employer of a work-related injury or illness, which then initiates the claims process.

Understanding these forms and their purposes can help employers navigate the complexities of workers' compensation in Texas. Proper filing and adherence to these requirements are essential for compliance and the protection of both the employer and employees. Always consider consulting with a legal expert to ensure that all necessary forms are completed correctly and submitted on time.

Similar forms

  • Employer's Report of Non-Covered Employee's Occupational Injury or Disease (DWC Form-007): Similar to the Texas Notice form, this document is required when an employer does not have workers' compensation insurance and has employees who experience work-related injuries or diseases. It must be filed within a specific timeframe after an incident occurs.
  • Notice to Employees Concerning Workers' Compensation in Texas: This notice informs employees about the employer's workers' compensation status. It is similar in purpose, as it communicates coverage details to employees, particularly when coverage is terminated or not provided.
  • Employer's Application for Texas Workers' Compensation Coverage (DWC Form-005): This form is used when an employer applies for workers' compensation coverage. It shares similarities with the Texas Notice form in that both documents require employer information and coverage status.
  • Texas Workers' Compensation Claim Form (DWC Form-041): This form is submitted by employees to file a claim for benefits. It parallels the Texas Notice form in that both documents address coverage issues, although from the employee's perspective.
  • Workers' Compensation Insurance Policy Cancellation Notice: This notice is sent by insurance companies to inform employers of policy cancellations. It is similar in that it deals with the termination of coverage, akin to the Texas Notice form's purpose.
  • Annual Employer's Report of Workers' Compensation Insurance Coverage (DWC Form-008): This report must be filed annually to confirm insurance coverage. Like the Texas Notice form, it addresses the employer's insurance status.
  • Self-Insurance Application (DWC Form-001): This application is for employers seeking to become self-insured. It is related to the Texas Notice form as both involve the employer's coverage decisions and status.
  • Employer's Notice of Coverage (DWC Form-006): This form is used to notify the Texas Department of Insurance that an employer has obtained coverage. It is similar in that it serves to communicate coverage status, like the Texas Notice form.
  • Non-Subscriber Notice (DWC Form-009): This document is provided to employees when an employer chooses not to subscribe to workers' compensation insurance. It parallels the Texas Notice form in that it informs employees about the lack of coverage.
  • Workers' Compensation Coverage Verification Form: This form is used to verify an employer's workers' compensation coverage status. It shares similarities with the Texas Notice form by confirming whether coverage is active or has been terminated.

Dos and Don'ts

When filling out the Texas Notice form, attention to detail is crucial. Here are six key actions to take and avoid:

  • Do ensure that the effective dates do not exceed a one-year period. The dates must be clearly stated.
  • Do select the correct statement regarding coverage status. Indicate whether you do not have coverage or have terminated coverage.
  • Do provide all required information, including policy number, insurance company, and notification dates.
  • Do file the form electronically, by fax, or by mail to ensure timely submission.
  • Don't leave any mandatory fields blank. Every applicable section must be completed to avoid delays.
  • Don't forget to notify employees about the lack of coverage. This notice must be posted in the workplace and provided to each employee.

Following these guidelines will help ensure compliance with Texas regulations and protect your business interests.

Misconceptions

  • Misconception 1: The Texas Notice form is optional for all employers.
  • This is not true. Employers must file the Texas Notice form if they do not have workers' compensation insurance or if they have terminated their coverage. Failing to do so can result in penalties.

  • Misconception 2: The form only needs to be filed once.
  • In reality, a separate form must be filed each time specific conditions occur, such as hiring a new employee or terminating coverage. Annual filing is also required.

  • Misconception 3: Only large businesses need to file the form.
  • All employers, regardless of size, must file the Texas Notice form if they lack coverage or have terminated it. This includes small businesses and sole proprietors.

  • Misconception 4: The effective dates on the form can exceed one year.
  • The effective dates must not exceed a one-year period. This is a strict requirement for compliance.

  • Misconception 5: The form can be filed without all required information.
  • Misconception 6: Employers can notify employees about lack of coverage at any time.
  • Misconception 7: There are no consequences for failing to file the form.

Key takeaways

Filling out the Texas Notice form is a crucial step for employers regarding workers' compensation coverage. Here are some key takeaways to keep in mind:

  • Understand the Purpose: The Texas Notice form is used to inform the Texas Department of Insurance about the lack of workers' compensation insurance or the termination of such coverage.
  • Timely Filing is Essential: Employers must submit the form within specific timeframes, such as within 30 days of hiring the first employee or within 10 days of terminating coverage.
  • Complete All Required Fields: Every section of the form must be filled out accurately. Missing information can lead to administrative penalties.
  • Notify Employees: Employers must inform their employees about the lack of coverage by posting a notice in the workplace and providing it at the time of hire.
  • Additional Reporting Requirements: If there are any work-related injuries or diseases, employers may need to file a separate report using the DWC Form-007.

By following these guidelines, employers can ensure compliance and avoid potential issues down the line.