DWC085 at a glance
What it is: DWC085 is the Agreement between general contractor and subcontractor to establish independent relationship.
Who signs: The general contractor signs in 13 and enters the date of signature (mm/dd/yyyy) in 14. The subcontractor signs in 20 and enters the date of signature (mm/dd/yyyy) in 21.
Texas Labor Code Section 406.122(b)(2) allows some general contractors and subcontractors to agree that the subcontractor assumes the responsibilities of an employer for the performance of work.
A filled-in DWC085 example: a job-site specific agreement for one site
How to fill out DWC085, box by box
1. Type of agreement, 2. Estimated number of employees affected, 3. Agreement start date and 4. Agreement end date
In 1. Type of agreement, mark Blanket agreement or Job-site specific agreement.
Enter the estimated number of employees affected in 2.
Enter the agreement start date (mm/dd/yyyy) in 3 and the agreement end date (mm/dd/yyyy) in 4.
The agreement takes effect on the date both parties have signed it or on the start date of the agreement, whichever is later.
Location of job sites affected, 5. Address, 6. Address and 7. Address
Each affected job site must be identified for job-site specific agreements.
Enter the address (street or PO box, city, state, ZIP code) in each of 5, 6 and 7.
Attach a sheet with additional locations if needed.
Part 2, 8. General contractor name, 9. Federal tax ID number, 10. Address and 11. Email
The general contractor must complete Part 2.
Enter the general contractor name in 8, the federal tax ID number in 9, the address (street or PO box, city, state, ZIP code) in 10 and the email in 11.
12. General contractor's affirmation, 13. Signature of general contractor and 14. Date of signature
12. General contractor's affirmation: the general contractor declares that the subcontractor meets the qualifications of and is operating as an independent contractor under Texas Labor Code Section 406.121, assumes the responsibility of an employer for the performance of work, and that the subcontractor's employees are not the general contractor's employees for the purposes of workers' compensation insurance coverage.
The general contractor signs in 13 and enters the date of signature (mm/dd/yyyy) in 14.
Part 3, 15. Subcontractor name, 16. Federal tax ID number, 17. Address and 18. Email
The subcontractor must complete Part 3.
In 15, 16, 17 and 18, enter the subcontractor name, federal tax ID number, address (street or PO box, city, state, ZIP code) and email.
19. Subcontractor's affirmation, 20. Signature of subcontractor, 21. Date of signature and where to file
19. Subcontractor's affirmation: the subcontractor declares that they meet the qualifications of and operate as an independent contractor under Texas Labor Code Section 406.121, assume the responsibility of an employer for the performance of work, and that their employees are not employees of the general contractor for the purposes of workers' compensation insurance coverage.
The subcontractor signs in 20 and enters the date of signature (mm/dd/yyyy) in 21.
The general contractor must file a legible and complete copy of this agreement with their workers' compensation insurance carrier within 10 days after signing the agreement.
Do not send a copy to the Texas Department of Insurance, Division of Workers' Compensation (DWC).
More rules for DWC085
The general contractor must keep the original.
The subcontractor should also keep a copy.
If the general contractor changes workers' compensation insurance carriers during the effective dates of the agreement, they should file this form with their new insurance carrier.
If your situation is different
Who is an independent contractor?
Texas Labor Code Section 406.121(2) defines an independent contractor as a person who contracts to perform work or provide a service for the benefit of another, and who ordinarily acts as the employer of any employee of the contractor by paying wages, directing activities, and performing other similar functions characteristic of an employer-employee relationship; is free to determine the manner in which they perform the service including the hours of labor or method of payment to any employee; is required to furnish or have employees, if any, furnish necessary tools, supplies, or materials to provide the work or service; and possesses the skills required for the specific work or service.
If you are not sure all parties meet the requirements
You may want to talk to an attorney if you are not sure if all parties meet the requirements to enter into this agreement.
Sources
[1] Form DWC085 (Rev. 10/21), Agreement between general contractor and subcontractor to establish independent relationship, Texas Department of Insurance, Division of Workers' Compensation (the Official source link on this page).