Texas: the only opt-out state
Private employers may 'non-subscribe' under Labor Code §406.002. You must notify TDI and post notice. You lose common-law defenses and most GCs won't hire you.
- Subscribe if you do contract work
- Non-subscriber plans need ERISA benefit design and occupational accident insurance
- Officers may be excluded on subscriber policies
Florida: mandatory
Required at 4+ employees (1+ in construction). Exemptions for officers are limited and require filing.
- Construction exemption: up to 3 officers with 10% ownership
- Penalties for non-compliance: stop-work orders, 2× premium
Controlling the premium
The experience mod is the lever you control.
- Return-to-work program: lost-time claims cost 3× medical-only in the mod
- Audit prep: separate payroll by class, exclude overtime premium
- Pay-as-you-go to avoid audit surprises
- Safety program credits (Texas: up to 10%)