TX · Construction · NCCI state

Construction workers compensation in Texas

Texas is an NCCI loss-cost state, so class-by-class Construction rates are available only via NCCI subscription, not in public filings. As a national reference, Construction workers comp runs a median of $2.26 per $100 of payroll, with a range of $0.032 to $53.88 across reporting states. Texas caps weekly benefits at $1,271 with a 1-year statute of limitations. Verified 2026-05-09.

National median $2.26
Rate authority NCCI
Max weekly benefit $1,271

Construction rate context for Texas

Texas does not publish class-by-class loss costs publicly, but Construction rates from comparable reporting states give you a useful planning range. Use the national rate range below as a baseline; your actual quote depends on payroll size, loss history, and your specific NCCI class code.

Construction class code Typical occupation National median National range
7335 Railroad - Construction/Maintenance $2.26 $0.032 - $53.88
6251 Tunneling $2.26 $0.032 - $53.88
6252 Shaft Sinking $2.26 $0.032 - $53.88
4024 Concrete Construction $2.26 $0.032 - $53.88
6204 Excavation $2.26 $0.032 - $53.88
4034 Asphalt Paving $2.26 $0.032 - $53.88
4828 Oil & Gas Pipeline Construction $2.26 $0.032 - $53.88
4902 Waterproofing Contractor $2.26 $0.032 - $53.88
5040 Iron & Steel Erection $2.26 $0.032 - $53.88
5160 Elevator Erection or Repair $2.26 $0.032 - $53.88
Why no per-state rates here? Texas is an NCCI state where loss-cost data is published only to NCCI subscribers, not in public state insurance department filings. The class codes above use the same NCCI nomenclature, but your binding rate comes from your carrier's filed loss cost multiplier (LCM) applied to those base loss costs.

Texas compliance for Construction employers

Coverage threshold

Workers' compensation coverage is generally optional for private employers in Texas.

1099 vs W-2 in Construction

Texas uses the common law test to determine if a 1099 contractor is an employee; if found to be an employee, they must be covered by a subscribing employer.

Owner exclusion

Allowed in Texas. Sole proprietor self-coverage optional; LLC member self-coverage optional.

Max weekly benefit

$1,271 at 70% of average weekly wage, effective 2025-10-01.

Statute of limitations

1 year from injury date in Texas.

Audit window

Texas carriers audit payroll within 90 days of policy expiration. Keep Construction payroll segregated by class code and have job-duty documentation ready.

Cross-cite: full Texas workers comp overview · Construction cross-state rate comparison · Texas workers comp lawyer guide · Texas settlement chart

Estimate your Construction premium in Texas

Pre-filled to Construction and Texas. Adjust payroll to see a real premium range from filed rates.

Estimate your workers comp premium

Pick your industry, state, and annual payroll. Range comes from real rate filings.

Filing checklist for Construction businesses in Texas

  1. Step 1, Confirm coverage threshold

    Workers' compensation coverage is generally optional for private employers in Texas. For Construction operations, this typically applies once you make a first W-2 hire, even part-time.

  2. Step 2, Pick the right class code

    Construction businesses typically use codes like 7335, 6251, 6252. The wrong code can cost 4 to 10x more or get reclassified at audit. Across reporting states, Construction median rates run $2.26 per $100 with a range of $0.032 to $53.88.

  3. Step 3, Get a quote

    Texas Mutual Insurance Company is one option in Texas; private carriers (Travelers, Hartford, Liberty Mutual, AmTrust) also write coverage. Schedule credits up to 25% are typical for low-loss accounts.

  4. Step 4, Document subcontractors

    If a general contractor is a subscriber, they can be held liable for injuries to employees of an uninsured subcontractor if the subcontractor is performing work that is part of the general contractor's usual trade or business. Construction operators with crews of 1099s should keep certificates of insurance for every sub, otherwise the GC absorbs the sub liability at audit.

  5. Step 5, Annual audit

    Carriers audit payroll within 90 days of policy expiration. Have payroll segregated by class code, job descriptions on file, and overtime properly excluded from rated payroll. Construction class allocation can shift if any worker spends more than 50% of time on a different code.

Penalty for non-coverage in Texas: Must report to the state that they do not have coverage. Must also report to DWC any work-related injuries resulting in more than one day of lost time, as well as all work-related illnesses, and deaths.

Construction workers comp FAQs in Texas

Why aren't Construction workers comp rates published for Texas?

Texas uses NCCI for workers comp ratemaking. NCCI loss-cost data for this state is published only to NCCI subscribers, not in public state insurance department filings. For a national reference, Construction median rates run $2.26 per $100 of payroll across all reporting states, with a typical range of $0.032 to $53.88.

How can a Construction business in Texas get a real quote?

Get a quote from any private carrier licensed in Texas or the state fund (Texas Mutual Insurance Company). Provide your annual payroll, ownership structure, and your current Construction class code. Most carriers will return a binding quote within 24-48 hours. Schedule credits up to 25% are typical for low-loss accounts.

Are Construction 1099 contractors covered by workers comp in Texas?

Texas uses the common law test to determine if a 1099 contractor is an employee; if found to be an employee, they must be covered by a subscribing employer.

What is the maximum weekly benefit for an injured Construction worker in Texas?

Texas caps weekly workers comp benefits at $1,271 (effective 2025-10-01), calculated as 70% of the average weekly wage. Construction workers are subject to the same statutory cap as workers in any other industry.

How long does a Construction worker have to file a comp claim in Texas?

The statute of limitations in Texas is 1 year from the date of injury. Most claims also require notice to the employer within 30 days. Construction workers should report any incident on the date it happens, even minor strains, because cumulative trauma claims can fail without contemporaneous documentation.

Can a Construction business owner exclude themselves from comp coverage in Texas?

Yes, Texas allows business owners (sole proprietors, partners, LLC members, corporate officers) to file an exclusion election. Construction owner-operators often elect out to keep premium below the minimum. Sole-proprietor self-coverage is not required, and LLC member self-coverage is not required.

Related