Childcare & Daycare workers compensation in Texas
Texas is an NCCI loss-cost state, so class-by-class Childcare & Daycare rates are available only via NCCI subscription, not in public filings. As a national reference, Childcare & Daycare workers comp runs a median of $4.46 per $100 of payroll, with a range of $1.89 to $4.72 across reporting states. Texas caps weekly benefits at $1,271 with a 1-year statute of limitations. Verified 2026-05-09.
Childcare & Daycare rate context for Texas
Texas does not publish class-by-class loss costs publicly, but Childcare & Daycare 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.
| Childcare & Daycare class code | Typical occupation | National median | National range |
|---|---|---|---|
| 9059 | Day care | $4.46 | $1.89 - $4.72 |
Texas compliance for Childcare & Daycare employers
Coverage threshold
Workers' compensation coverage is generally optional for private employers in Texas.
1099 vs W-2 in Childcare & Daycare
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 Childcare & Daycare payroll segregated by class code and have job-duty documentation ready.
Cross-cite: full Texas workers comp overview · Childcare & Daycare cross-state rate comparison · Texas workers comp lawyer guide · Texas settlement chart
Estimate your Childcare & Daycare premium in Texas
Pre-filled to Childcare & Daycare 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 Childcare & Daycare businesses in Texas
-
Step 1, Confirm coverage threshold
Workers' compensation coverage is generally optional for private employers in Texas. For Childcare & Daycare operations, this typically applies once you make a first W-2 hire, even part-time.
-
Step 2, Pick the right class code
Childcare & Daycare businesses typically use codes like 9059. The wrong code can cost 4 to 10x more or get reclassified at audit. Across reporting states, Childcare & Daycare median rates run $4.46 per $100 with a range of $1.89 to $4.72.
-
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.
-
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. Childcare & Daycare operators with crews of 1099s should keep certificates of insurance for every sub, otherwise the GC absorbs the sub liability at audit.
-
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. Childcare & Daycare class allocation can shift if any worker spends more than 50% of time on a different code.
Childcare & Daycare workers comp FAQs in Texas
Why aren't Childcare & Daycare 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, Childcare & Daycare median rates run $4.46 per $100 of payroll across all reporting states, with a typical range of $1.89 to $4.72.
How can a Childcare & Daycare 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 Childcare & Daycare 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 Childcare & Daycare 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 Childcare & Daycare worker in Texas?
Texas caps weekly workers comp benefits at $1,271 (effective 2025-10-01), calculated as 70% of the average weekly wage. Childcare & Daycare workers are subject to the same statutory cap as workers in any other industry.
How long does a Childcare & Daycare 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. Childcare & Daycare workers should report any incident on the date it happens, even minor strains, because cumulative trauma claims can fail without contemporaneous documentation.
Can a Childcare & Daycare 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. Childcare & Daycare 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.