Blank Texas Notice PDF Form

Blank Texas Notice PDF Form

The Texas Notice form is a document that employers must file to inform the Texas Department of Insurance about the status of their workers' compensation insurance coverage. This form is essential for employers who either do not have coverage or have terminated their existing coverage. Make sure to fill out the form accurately by clicking the button below.

The Texas Notice form, officially known as the DWC Form-005, serves a critical role for employers regarding workers' compensation insurance coverage. It is designed for employers who either do not have workers' compensation insurance or have terminated their existing coverage. This form must be submitted to the Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC), within specific timeframes to avoid administrative penalties. Key sections of the form require employers to specify effective dates, provide a statement of no coverage or termination, and report any injuries or diseases that have occurred since the last notice was filed. Essential information, such as the employer's business name, Federal Employer ID Number, and contact details of the person providing the information, must be included. Timely and accurate completion of this form is vital, as it not only informs the TDI-DWC but also ensures compliance with Texas labor laws. Failure to file can lead to significant consequences, making it imperative for employers to understand their responsibilities and act promptly.

Document Sample

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Row

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

File Specifics

Fact Name Details
Governing Law The Texas Workers' Compensation Act governs the form, specifically Texas Labor Code, Sections 406.004 and 406.007.
Submission Methods The form can be submitted electronically, via fax, or by mail to the Texas Department of Insurance.
Filing Frequency Employers must file the form annually or within specific timeframes, such as when hiring the first employee or terminating coverage.
Required Information Key details include effective dates, policy information, and employer identification numbers.
Reportable Injuries Employers must indicate if there were any reportable injuries or diseases since the last filing.
Language Availability The form is available in Spanish, ensuring accessibility for a broader audience.

How to Use Texas Notice

Filling out the Texas Notice form is a straightforward process. Once completed, the form needs to be submitted to the Texas Department of Insurance, Division of Workers' Compensation. Make sure to follow each step carefully to ensure that all required information is provided.

  1. Enter the effective dates: In Section I, fill in the start and end dates for the coverage period. Remember, these dates cannot exceed one year.
  2. Select the coverage status: In Section II, choose whether the employer does not have coverage or has terminated coverage. Provide the effective termination date, policy number, insurance company name, and the dates when the insurer and employees were informed.
  3. Report injuries or diseases: In Section III, answer whether there have been any reportable injuries or diseases since the last notice. If "Yes," be aware that you may need to file an additional report.
  4. Provide employer information: In Section IV, fill in the employer's business name, Federal Employer ID Number, mailing address, business type, and six-digit NAICS code. Include details for each Texas business location if applicable.
  5. Enter the contact person's information: In Section V, provide the name, telephone number, title, email address, and signature of the person submitting the form. Include the date of signature.

After completing the form, it can be submitted electronically, faxed, or mailed to the address provided at the top of the form. Ensure you keep a copy for your records.

Your Questions, Answered

Who must file the DWC Form-005?

You must file the DWC Form-005 if you do not have workers' compensation insurance or if you have terminated your workers' compensation insurance coverage. However, if your only employees are exempt from coverage under the Texas Workers' Compensation Act, such as certain domestic workers or specific farm and ranch workers, you do not need to file. Not filing when required can lead to administrative penalties for the employer.

How do I file the DWC Form-005?

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

  • File electronically on the TDI website at TDI Website .
  • Fax the form to (512) 804-4146.
  • Mail the form to the address listed at the top of the form.

When do I file the DWC Form-005?

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

  1. Annually between February 1st and April 30th of each year.
  2. Within 30 days of hiring your first employee, unless this date falls between February 1st and April 30th.
  3. Within 10 days of receiving a request from DWC to file the form.
  4. Within 10 days after notifying your insurance carrier of coverage termination, unless you are purchasing a new policy or becoming a certified self-insurer.

What is a NAICS code?

The NAICS code, pronounced "nakes," is a six-digit code used to classify your business. You can find this code in several places:

  • Block 5 of your Unemployment Quarterly Report (Form C-3) from the Texas Workforce Commission.
  • Multiple Worksite Report - BLS 3020 from the U.S. Bureau of Labor Statistics.
  • Visit NAICS website and use the "Find Your NAICS Code" feature to search for your business type.

Are any fields on the DWC Form-005 optional?

No, all applicable fields must be completed each time you file the DWC Form-005. The following sections require specific information:

  • Section I: Effective dates are required.
  • Section II: Policy and insurer information, along with notification dates, must be provided when reporting cancellation or termination.
  • Section III: A selection regarding reportable injuries or diseases is mandatory.
  • Section IV: All primary employer fields must be filled out, and additional business location information is needed when applicable.
  • Section V: The signature field is not required when filing online.

Common mistakes

  1. Failing to Provide Accurate Effective Dates: The effective dates on the Texas Notice form must not exceed a one-year period. Many individuals mistakenly input incorrect dates, leading to potential compliance issues.

  2. Incorrectly Selecting Coverage Status: Employers often misidentify their coverage status. Selecting "does not have" instead of "has terminated" or vice versa can lead to significant legal repercussions.

  3. Omitting Required Information: Certain fields, such as the policy number and insurance company details, are mandatory. Failing to complete these sections can result in delays or rejections of the form.

  4. Not Reporting Injuries or Diseases: Employers sometimes overlook the requirement to report any injuries or diseases that occurred since the last notice. This oversight can lead to additional penalties.

  5. Neglecting to Update Business Information: Changes in the employer's business name, address, or Federal Employer ID Number must be accurately reflected. Inaccuracies can complicate communication with the Texas Department of Insurance.

  6. Missing Signature and Date: While the signature is not required for online submissions, it is essential for mailed forms. Failing to sign or date the form can result in processing delays.

  7. Ignoring Filing Deadlines: Employers must be aware of specific deadlines for filing the form. Missing these deadlines can lead to administrative penalties and complications with compliance.

Documents used along the form

The Texas Notice form, also known as the Employer Notice of No Coverage or Termination of Coverage, is a critical document for employers in Texas who do not have workers' compensation insurance or have terminated their coverage. Alongside this form, several other documents are often utilized to ensure compliance with state regulations and to manage workplace safety effectively. Below is a list of related forms and documents that may be required or beneficial for employers to understand.

  • DWC Form-007: This form is used by employers to report work-related injuries and diseases. It must be filed if an employer has five or more employees and does not have workers' compensation insurance, or if any employee has waived coverage.
  • Notice to Employees Concerning Workers' Compensation in Texas: Employers are required to post this notice in the workplace. It informs employees about the lack of workers' compensation insurance and must be provided in multiple languages if necessary.
  • DWC Form-006: This form is used to request a waiver of workers' compensation insurance for certain employees. It is essential for employers who wish to exempt specific roles from coverage.
  • DWC Form-004: This is a report of injuries and illnesses that must be submitted by employers who are not covered by workers' compensation. It helps track workplace safety and compliance.
  • Employer's Report of Occupational Injury or Illness: This document is crucial for employers to report any injuries or illnesses that occur in the workplace, ensuring accurate record-keeping and compliance.
  • Self-Insurance Application: Employers who wish to self-insure their workers' compensation liability must complete this application, demonstrating their financial capability to cover claims.
  • Workers' Compensation Insurance Policy: This is the actual insurance policy document that outlines the coverage terms, conditions, and limits of liability for workplace injuries.
  • Texas Workers' Compensation Act: While not a form, this legislation governs workers' compensation in Texas. Employers must familiarize themselves with its provisions to ensure compliance.
  • Employee Acknowledgment of Waiver of Workers' Compensation: This document is signed by employees who choose to waive their rights to workers' compensation coverage, acknowledging their understanding of the implications.
  • Claims Management Guidelines: These guidelines provide best practices for managing workers' compensation claims and ensuring that employers handle incidents appropriately.

Understanding these documents and their purposes is essential for employers in Texas. Proper management of workers' compensation coverage and compliance with state regulations can help protect both the employer and employees in the event of workplace incidents.

Similar forms

The Texas Employer's Notice of No Coverage or Termination of Coverage form shares similarities with the DWC Form-007, also known as the Employer's Report of Non-covered Employee's Occupational Injury or Disease. Both documents are essential for employers who do not have workers' compensation insurance. The DWC Form-007 specifically requires employers to report any work-related injuries or diseases, particularly if they have five or more employees. This form must be submitted within a certain timeframe following an incident, ensuring that the necessary information about employee safety and health is communicated effectively.

Another document that resembles the Texas Notice form is the Notice to Employees Concerning Workers' Compensation in Texas. This notice is crucial for informing employees about their rights and the absence of coverage. It must be posted in the workplace in multiple languages, depending on the employee population. Like the Texas Notice form, this document emphasizes the importance of transparency regarding workers' compensation status and ensures that employees are aware of their protections and options.

The DWC Form-003, known as the Employee's Claim for Compensation for a Work-Related Injury, is also similar. This form is used by employees to formally request compensation for injuries sustained at work. While the Texas Notice form focuses on the employer's coverage status, the DWC Form-003 centers on the employee's experience. Both forms are integral to the workers' compensation process, ensuring that both parties understand their rights and responsibilities.

Additionally, the DWC Form-041, which is the Report of Injury, has common ground with the Texas Notice form. This form is utilized by employers to report work-related injuries to the Division of Workers' Compensation. Both documents require timely submission and accurate information, reinforcing the importance of reporting incidents to maintain compliance with Texas labor laws.

Lastly, the Texas Non-Subscriber Notification Form is comparable to the Texas Notice form. Non-subscribers are employers who opt out of the workers' compensation system. This notification form informs employees about the lack of coverage and outlines their rights. Similar to the Texas Notice form, it serves to keep employees informed about their employer's insurance status and the implications for workplace injuries.

Dos and Don'ts

When filling out the Texas Notice form, there are several important guidelines to keep in mind. Here’s a list of things you should and shouldn’t do:

  • Do ensure that all applicable fields are completed. Missing information can lead to delays.
  • Do select the correct statement regarding your coverage status. This is crucial for compliance.
  • Do provide accurate effective dates for the coverage. The dates cannot exceed a one-year period.
  • Do submit the form within the required time frames to avoid administrative penalties.
  • Don't ignore the requirement to notify employees if you do not have coverage. This notice must be posted in the workplace.
  • Don't forget to include your Federal Employer ID Number. This is essential for identification purposes.
  • Don't leave out the policy number and insurer information if you are reporting a termination of coverage.
  • Don't assume that all fields are optional. Each section has mandatory fields that must be filled out.

By following these guidelines, you can ensure a smoother process when completing the Texas Notice form.

Misconceptions

Here are some common misconceptions about the Texas Notice form (DWC Form-005) related to workers' compensation coverage:

  • Only large employers need to file the form. This is not true. Any employer who does not have workers' compensation insurance or has terminated their coverage must file the form, regardless of the number of employees.
  • The form can be filed at any time. In reality, there are specific deadlines for filing the form. Employers must submit it annually between February 1st and April 30th or within 30 days of hiring their first employee.
  • Filing the form is optional. This is a misconception. Filing the DWC Form-005 is required when applicable. Failing to file can lead to administrative penalties.
  • All fields on the form are optional. This is incorrect. Certain fields, such as effective dates and employer information, must be completed each time the form is filed.
  • Employers do not need to notify employees about lack of coverage. Employers are required to post a notice in the workplace and inform employees when they do not have coverage or when coverage is terminated.
  • Only employers with insurance need to file other forms. Non-covered employers must also report work-related injuries using the DWC Form-007 if they have five or more employees or if any employees have waived coverage.
  • The form can only be submitted by mail. Employers can submit the form electronically, by fax, or by mail, providing multiple options for filing.
  • NAICS codes are optional. This is a misunderstanding. Providing the NAICS code is a required part of the form, as it helps classify the business type.

Key takeaways

  • Understand the Purpose: The Texas Notice form is essential for employers to inform the Division of Workers' Compensation about the status of their workers' compensation insurance coverage.
  • File When Required: You must file the form if you do not have coverage or if you have terminated your existing coverage.
  • Timeliness Matters: Submit the form annually between February 1 and April 30, or within 30 days of hiring your first employee.
  • Complete All Fields: Every applicable field on the form must be filled out. Incomplete forms may lead to penalties.
  • Notify Employees: Post the required notice about the lack of coverage in your workplace and provide it to employees when necessary.
  • Report Injuries: If you have five or more employees and do not have coverage, you may need to file additional reports for work-related injuries.
  • Use the Correct Codes: Be sure to include your six-digit NAICS code, which identifies your business classification.