DWC Accepting Comment on Revised Joint Agreement Forms

The Division of Workers’ Compensation is accepting public comments on proposed revisions to five forms used to reflect the agreement of certain system stakeholders with respect to coverage. The forms under consideration 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.

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.

The revised forms are not a formal rule proposal under the Administrative Procedures Act. DWC will not treat comments as formal public comments. However, DWC will consider any substantive comment before adopting the revised forms. The proposed forms are on the Division website. Submit comments on the forms to RuleComments@tdi.texas.gov or mail your comments to:

Legal Services, MC-LS
Texas Department of Insurance, Division of Workers’ Compensation
7551 Metro Center Drive, Suite 100
Austin, Texas 78744-1645

System stakeholders should submit their comments by 5 p.m., Central time, on Friday, September 17, 2021.