Texas Codes

Tex. Lab. Code § 406.005 (2026)

Employer Notice To Employees; Administrative Violation

✓ current as of May 2026
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Sec. 406.005. EMPLOYER NOTICE TO EMPLOYEES; ADMINISTRATIVE VIOLATION. (a) An employer shall notify each employee as provided by this section whether or not the employer has workers' compensation insurance coverage.

(b) The employer shall notify a new employee of the existence or absence of workers' compensation insurance coverage at the time the employee is hired.

(c) Each employer shall post a notice of whether the employer has workers' compensation insurance coverage at conspicuous locations at the employer's place of business as necessary to provide reasonable notice to the employees. The commissioner may adopt rules relating to the form and content of the notice. The employer shall revise the notice when the information contained in the notice is changed.

(d) An employer who obtains workers' compensation insurance coverage or whose coverage is terminated or canceled shall notify each employee that the coverage has been obtained, terminated, or canceled not later than the 15th day after the date on which the coverage, or the termination or cancellation of the coverage, takes effect.

(e) An employer commits an administrative violation if the employer fails to comply with this section.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.024, eff. September 1, 2005.

Notes of Decisions
Cited in 13 cases, 1996–2015 · leading case: Wesby v. Act Pipe & Supply, Inc., 199 S.W.3d 614 (Tex. App. 2006).
Wesby v. Act Pipe & Supply, Inc., 199 S.W.3d 614 (Tex. App. 2006). · cites it 4× “Laws 987 , 1273) (current version at Tex. Lab. Code Ann. § 406.005 (Vernon 2006)).”
Esquivel v. Mapelli Meat Packing Co., 932 S.W.2d 612 (Tex. App. 1996). · cites it 3× “Laws 987, 1273 (current version at TEX.LAB.CODE ANN. § 406.005 (Vernon Supp.”
Willoughby v. United States Ex Rel. United States Dep't of the Army, 730 F.3d 476 (5th Cir. 2013). “Tex. Lab.Code § 406.005. Essentially, these additional procedures ensure that the employees receive sufficient notice of their rights and the terms of the workers’ compensation insurance benefits available to them.”
Port Elevator-Brownsville, L.L.C. v. Casados, 358 S.W.3d 238 (Tex. 2012). “Tex. Lab. Code § 406.005(c) ("Each employer shall post a notice of whether the employer has workers' compensation insurance coverage at conspicuous locations at the employer’s place of business as necessary to provide reasonable notice to the employees.”
Warnke v. Nabors Drilling USA, L.P., 358 S.W.3d 338 (Tex. App. 2011). “He asserts that Nabors and NDUSA Holdings failed to give such notice, and thereby lost their subscriber status and the protection of the exclusive remedy provision. The Act requires employers to notify “each employee .”
ExxonMobil Corp. v. Kirkendall, 151 S.W.3d 594 (Tex. App. 2004). “See Tex. Lab. Code Ann. § 406.005 . “Employees of subscribing employers may choose to opt out of the system and retain their common-law rights in the event they are injured on the job.”
Bradley v. Phillips Chem. Co., 484 F. Supp. 2d 604 (S.D. Tex. 2007). “whether or not the employer has workers’ compensation insurance coverage,” Tex. Lab.Code § 406.005(a), and failure to do so is an administrative violation punishable by a fine, id.”
Foshee v. Torch Operating Co., 763 So. 2d 82 (La. Ct. App. 2000). “g, Tex. Lab.Code Ann. § 406.005. As such, the larger issue of exclusive recovery under workers' compensation law due to the applicability of the borrowed servant doctrine differs.”
Texas Dep't of Ins.—Div. of Workers' Comp. & Comm'r Ryan Brannan, in His Off. Capacity v. Dale Brumfield (Tex. App. 2015). · cites it 2× “40 TEX. LAB. CODE §§ 406.005, 415.022.......”
Deandrew Price v. Uni-Form Components Co. (Tex. App. 2012). “) (holding the 6 See TEX. LAB. CODE ANN. § 406.005(a) (West 2006) (requiring employers to notify ―each employee .”
Curtis Davis, Individually & as Adm'r of the Est. of Terrence Lamoyne Davis v. Able Body Labor (Tex. App. 2011). “Tex. Lab.Code Ann. § 406.005 (Vernon 2006).”
Bryan Barnhill v. Integrated Health Servs., Inc. (Tex. App. 1999). “101(e) of title 28 of the Texas Administrative Code specifies the content of that notice.”
— Tex. Lab. Code § 406.005(a) — 2 cases
Bradley v. Phillips Chem. Co., 484 F. Supp. 2d 604 (S.D. Tex. 2007). “whether or not the employer has workers’ compensation insurance coverage,” Tex. Lab.Code § 406.005(a), and failure to do so is an administrative violation punishable by a fine, id.”
Deandrew Price v. Uni-Form Components Co. (Tex. App. 2012). “) (holding the 6 See TEX. LAB. CODE ANN. § 406.005(a) (West 2006) (requiring employers to notify ―each employee .”
— Tex. Lab. Code § 406.005(c) — 2 cases
Port Elevator-Brownsville, L.L.C. v. Casados, 358 S.W.3d 238 (Tex. 2012). “Tex. Lab. Code § 406.005(c) ("Each employer shall post a notice of whether the employer has workers' compensation insurance coverage at conspicuous locations at the employer’s place of business as necessary to provide reasonable notice to the employees.”
Esquivel v. Mapelli Meat Packing Co., 932 S.W.2d 612 (Tex. App. 1996). “Laws 987, 1273 (current version at TEX.LAB.CODE ANN. § 406.005 (Vernon Supp.”
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