Trust and Verification
Does My Texas Roofing Contractor Need Workers' Comp Insurance? What If They Don't Have It
No - Texas is one of the only states where private employers, including roofing companies, are not legally required to carry workers' compensation insurance. If a roofer's crew member is injured on your property and the company has no workers' comp, you as the homeowner can be named in a personal injury claim and held financially responsible for medical bills and lost wages, separate from whatever general liability coverage the contractor may carry.
Direct Answer
No - Texas is one of the only states where private employers, including roofing companies, are not legally required to carry workers' compensation insurance. If a roofer's crew member is injured on your property and the company has no workers' comp, you as the homeowner can be named in a personal injury claim and held financially responsible for medical bills and lost wages, separate from whatever general liability coverage the contractor may carry.
Why this is a different check than "does my contractor have insurance"
Most homeowners ask a contractor if they're "insured" and stop there. In Texas, that single question can hide a real gap - general liability insurance and workers' compensation insurance cover two completely different risks, and only one of them is ever legally required here.
- Texas Labor Code Section 408.001 sets up what's called the "non-subscriber" system: unlike nearly every other state, Texas does not require most private employers - including roofing companies - to carry workers' compensation coverage at all.
- An employer who opts out (a "non-subscriber") loses the usual legal shield that comes with carrying workers' comp: an injured worker can sue them directly for a personal injury claim, including lost wages, pain and suffering, and future lost earning capacity - not just the capped benefits workers' comp would have paid.
- That lawsuit risk doesn't stop at the contractor. If the injury happened on your property during a job you hired them for, you - the homeowner - can also be pulled into a premises-liability claim from the injured worker, separate from any claim against the contractor itself.
- General liability insurance (the policy most homeowners ask about) typically covers property damage and some third-party injury claims, but it is not the same policy as workers' compensation, and having one does not mean a contractor carries the other.
- Ask directly: "Do you carry workers' compensation insurance for your crew, and can you provide a certificate showing it's active?" A legitimate, established contractor can produce this in writing - a vague "we're fully insured" answer is not the same thing.
- If a contractor says they're a non-subscriber (no workers' comp) and relies on a signed waiver or your own homeowner's insurance to cover any injury, treat that as a real red flag worth a second opinion, not routine industry practice.
What to actually ask for before work starts
- Request a certificate of insurance that separately lists both general liability AND workers' compensation coverage, with policy numbers and an expiration date - not just a verbal "yes, we're covered."
- Call the listed insurance carrier directly to confirm the certificate is current and active, the same way this site's other contractor-verification guide recommends for general liability.
- If the contractor uses subcontracted crews rather than direct employees, ask whether workers' comp coverage extends to those subcontractors specifically - a certificate covering only office staff doesn't protect you from a roof-crew injury.
- Keep a copy of the certificate with your own records for the duration of the job, not just a photo taken once and forgotten.
Sources
The data above is cited directly from these publishers - follow the links to read the original reporting.
Frequently Asked Questions
Is workers' compensation insurance required for roofing contractors in Texas?
No. Texas is one of a small number of states that does not require most private employers, including roofing contractors, to carry workers' compensation insurance. Public employers and a few specific industries are the main exceptions. This is general information, not legal advice for your specific situation.
If my roofer doesn't carry workers' comp, am I automatically liable if someone gets hurt?
Not automatically, but you face real added exposure. An injured worker without workers' comp coverage can pursue a personal injury lawsuit against the employer, and depending on the circumstances of the injury, a homeowner can also be named in a premises-liability claim. Confirming coverage before work starts, rather than after an injury, is the practical way to reduce this risk. This is general information, not a substitute for advice from a licensed attorney about your specific situation.
Does general liability insurance cover a worker's injury instead?
Not reliably. General liability insurance is designed primarily around property damage and certain third-party claims, not an employer's own workers getting injured on the job - that's specifically what workers' compensation insurance is for. A contractor can carry one without the other, which is exactly why this is worth asking about separately.