As a prerequisite for providing workers’ compensation insurance in Texas, an insurance company must maintain or offer accident prevention services that are appropriate for the types of operations its policyholders conduct. These requirements are established under Texas Labor Code Chapter 411, Subchapter E and 28 Texas Administrative Code (TAC), Chapter 166. For more information about the accident prevention services requirements, contact the Division of Workers’ Compensation (DWC) at 512-804-4626 or aps@tdi.texas.gov.
Annual reporting requirements
An insurance company authorized to write workers’ compensation insurance in Texas must file the DWC Form-109, Accident Prevention Services Annual Report, with the Division of Workers’ Compensation each year. The report is due no later than April 1 and must cover all active workers’ compensation insurance policies maintained during the preceding calendar year. The completed DWC Form‑109 must be submitted to DWC by email at aps@tdi.texas.gov.
Accident prevention services inspections
DWC determines adequacy of an insurance company’s accident prevention facilities and services as required by state law. This determination is based on information reported in the DWC Form‑109, Accident Prevention Services Annual Report, which is reviewed during inspections for accuracy, as well as inspections of the insurer’s accident prevention operations.
As part of these inspections, DWC conducts offsite policyholder visits through remote communication to further evaluate whether the insurer’s accident prevention services are adequate. During these offsite visits, DWC reviews and verifies the accident prevention services provided to the policyholder to determine whether those services appropriately address the policyholder’s accident prevention needs.
DWC may conduct electronic inspections of an insurance company’s accident prevention services. Insurance company representatives must be available by telephone or through a DWC-designated video platform (such as Zoom or Teams) on the day of the inspection. DWC may also conduct an in-person inspection at the Barbara Jordan Building in Austin, Texas, or at the company’s main Texas location. All information submitted electronically must be provided in a manner that does not delay or interfere with the inspection process and must comply with 28 TAC Chapter 166.
Each insurance company that writes workers’ compensation policies will receive an initial inspection, and DWC will conduct subsequent inspections as often as necessary to determine compliance with applicable statutes and rules.