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Employer Online Filings - Frequently Asked Questions

Watch the DWC Form-005 Tutorial on YouTube:
DWC Form-005 Tutorial on YouTube

Do I need to 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, certain farm and ranch workers) you do not have to file.

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 purchase a new policy or become a certified self-insurer.

How do I determine my filing period 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 the classification 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’re in the restaurant business, enter “restaurant” and get a complete listing of NAICS codes for the restaurant industry.

Are any fields on the DWC Form-005 optional?

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

Section I

  • 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.
  • The effective dates are always required.
  • A selection from Statement of Reportable Injuries or Diseases is always required.

Section II

  • All primary employer fields (boxes 3 through 7) are required.
  • Additional business location information is required when applicable.

Section III

  • The signature field is not required when filing online.

How/when do I have to 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 your workers' compensation insurance;
  3. withdraw from certified self-insurance; or
  4. have your 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 you elect to not have workers' compensation insurance;
  3. within 15 days of notice to your workers’ compensation insurance carrier that you are terminating coverage unless you maintain continuous coverage under a new policy or become a certified self-insurer; and
  4. within 15 days of cancellation by the insurance company.

The required notice may be found on the TDI website in English, Spanish and Vietnamese.

Am I required to file other forms with the 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.

Non-subscriber Online Filing FAQ

Why am I getting an error stating the "End Date for Filing Period cannot be more than one year from start date"?

TXCOMP will not accept an online DWC Form-005 for a period of greater than one (1) year.

Why does my business address look different from how I typed it in the form?

DWC uses software to standardize addresses to conform to US Postal Service standards. If the software is able to standardize the address that is entered, certain elements may be changed. Common changes include adding 4-digits to the postal, standardizing common address designators such as APT (apartment), STE (suite), BLDG (building) and DEPT (department).

I submitted an online DWC Form-005 but I need to add a business location. How can I modify the locations reported on my DWC Form-005?

To add one (1) or more business locations to a DWC005 that has already been submitted online, complete a new online DWC Form-005 for only the business locations that need to be added.

  • The Filing Period Start Date and/or End Date may differ from the previously reported DWC Form-005.


Last updated: 02/24/2017

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