Texas lawmakers to consider making comp insurance for construction mandatory

Lawmakers in Texas will be considering legislation that would make workers compensation coverage mandatory for contractors and subcontractors working on construction projects.

S.B. 338, pre-filed on Wednesday, would make construction the only industry in Texas that would be required to carry workers comp coverage. Currently, Texas is the only state that does not require employers to buy comp insurance.

Pre-filed on Tuesday was H.B. 875, which would require contractors working on municipal projects to carry workers comp insurance. Similar legislation was introduced in 2022.

Lawmakers also introduced several other measures related to workers comp.

First responders suffering from post-traumatic stress disorder would be eligible for workers comp benefits. H.B. 673, introduced Tuesday, would apply to firefighters, emergency medical technicians and police officers and would require a “preponderance of evidence” to prove that “an event or events” caused the mental injury.

Under S.B. 220, also introduced on Tuesday, employees who are sexually assaulted at work may sue their employer, bypassing exclusive remedy provisions in the state’s workers comp law, if they suffer from an intellectual or developmental disability or if the employer is negligent.

This is the second year lawmakers in Texas will consider bills regarding PTSD and sexual assault.

H.B. 1292, pre-filed on Wednesday, would require the state to provide cost-of-living increases annually to those collecting death benefits under workers comp.