Why Texas Roofers Need Workers' Comp Even With a Small Crew

Texas is the only state in the country that does not require most private employers to carry workers' compensation insurance. That fact gets repeated a lot — usually by contractors looking for a reason to drop the coverage and cut their premium.

For most trades, skipping workers' comp is a calculated risk. For roofing contractors, it is a different conversation entirely.

What Happens When You Don't Have It

When a Texas employer opts out of the workers' comp system, they become what the state calls a non-subscriber. Non-subscribers are not protected by the exclusive remedy doctrine — the legal rule that normally limits an injured worker's options to a workers' comp claim.

That means if one of your crew members falls off a roof and you don't have workers' comp, they can sue you directly in civil court. They can claim negligence. They can go after your business assets and, in some cases, your personal assets. And they don't have to prove you did anything wrong — they just have to show the injury happened on the job.

The average roofing fall claim runs well into six figures. A serious injury — spinal damage, traumatic brain injury, multiple fractures — can exceed $1 million. Without workers' comp, that exposure lands on you personally.

The Subcontractor Problem

Many roofing contractors use subcontractors and assume that removes their liability. It often doesn't.

If a subcontractor you hire doesn't carry their own workers' comp and one of their workers gets hurt on your job, you can be held responsible as the general contractor on the project. Texas courts have found upstream contractors liable in these situations, particularly when the sub was uninsured and the GC had control over the work site.

Before you put a sub on a roof, verify their workers' comp certificate. If they can't produce one, either require them to get coverage or factor the risk into your decision to use them.

What GCs and Property Owners Require

Even if you're comfortable with the personal liability exposure, your customers may not be.

Most commercial general contractors require proof of workers' comp before a roofing sub sets foot on their job site. Many property management companies and HOAs require it for residential work as well. Some homeowners — particularly those who've been advised by their own insurance agents — ask for it before signing a contract.

If you're bidding commercial work, storm restoration contracts, or any job where a GC is involved, not having workers' comp will cost you bids. The certificate requirement is non-negotiable on most commercial projects.

The Cost Is Lower Than You Think

Roofing is one of the higher-rated workers' comp classifications because of the fall risk — there's no getting around that. But the actual premium is based on your payroll, not a flat fee. A small crew of two or three workers typically runs a few thousand dollars a year in workers' comp premium.

Compare that to the cost of a single uninsured injury claim, the legal fees to defend a civil lawsuit, or the jobs you lose because you can't produce a certificate — and the math changes quickly.

Sole Proprietors and the Owner Exclusion

If you're a sole proprietor or a partner in a partnership, you can exclude yourself from workers' comp coverage. That reduces your premium because your own wages aren't included in the payroll calculation.

But be careful: if you exclude yourself and you get hurt on a job, you have no coverage. For owner-operators who are still physically on roofs, that exclusion deserves a hard look before you take it.

How We Handle It for Roofing Contractors

We work with multiple carriers that specialize in roofing contractor coverage. Because we're independent, we can shop your workers' comp alongside your GL and commercial auto to find the right combination — rather than forcing you into a package that doesn't fit your operation.

We also handle certificate requests directly. When a GC or property owner needs proof of coverage, you send the request to us and we turn it around fast.

If you're a roofing contractor in the DFW area and want to know exactly what your workers' comp options look like — including what it would actually cost for your crew size — give us a call.

Call or text: 817.277.6166

Or get a quote online — we'll review your current coverage and give you a straight answer.