DWC Adopts Revisions to Joint Agreement Forms
The Division of Workers’ Compensation has adopted revisions to five forms used to reflect the agreement of certain system stakeholders with respect to coverage. The forms that have been changed are:
-
-
- DWC Form-081, Agreement Between General Contractor and Subcontractor to Provide Workers’ Compensation Insurance;
- DWC Form-082, Agreement Between Motor Carrier and Owner Operator to Provide Workers’ Compensation Insurance and Agreement to Require Owner Operator to Act as Employer;
- DWC Form-083, Joint Agreement to Affirm Independent Relationship for Certain Building and Construction Workers and Agreement to Establish Employer-employee Relationship for Certain Building and Construction Workers;
- DWC Form-084, Exception to Application of Joint Agreement to Affirm Independent Relationship for Certain Building and Construction Workers; and
- DWC Form-085, Agreement Between General Contractor and Subcontractor to Establish Independent Relationship.
-
The forms are available for immediate use. The Division posted the draft forms online from August 31, 2021, to September 17, 2021.
Texas Labor Code Chapter 406, Subchapters F and E allow certain general contractors and subcontractors, including motor carriers, owner operators, and certain building and construction workers, to agree on who will provide workers’ compensation insurance coverage to the subcontractor and the employees of the subcontractor. The Labor Code also allows them to agree that the independent contractor is not an employee of the hiring contractor, and the hiring contractor is not responsible for workers’ compensation insurance coverage for the independent contractor. Parties can use DWC Forms 081-085 to agree on these relationships.
FOLIO
