Form Dwc 83 PDF Details

In the heart of Texas' labor and employment regulations, the DWC 83 form emerges as a critical document for entities navigating the nuances of workers' compensation laws. Crafted by the Texas Department of Insurance, Division of Workers' Compensation, and nestled in Austin's business corridor, this form plays an indispensable role in specifying and affirming the relationship between hiring contractors and independent contractors within the construction and building sectors. By precisely defining an "independent contractor" under the Texas Workers' Compensation Act, Texas Labor Code, Section 406.141, it sets the foundation for two pivotal declarations. Firstly, it enables parties to affirm an independent relationship, clearly stating that independent contractors and their employees or helpers will not be entitled to workers' compensation coverage from the hiring contractor. This includes a relief from the obligation of the hiring contractor's insurance carrier to charge premiums for such coverage. Conversely, it also facilitates an agreement to establish an employer-employee relationship, where the hiring contractor may choose to withhold the cost of workers' compensation insurance from the contract price or directly purchase the insurance for the independent contractor and their employees, rendering them as employees for workers' compensation purposes only. The form mandates meticulous compliance, requiring filing with the Texas Department of Insurance and the relevant insurance carrier within ten days of execution, underlining the form's critical role in labor compliance and worker protection in Texas.

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Form NameForm Dwc 83
Form Length1 pages
Fillable?No
Fillable fields0
Avg. time to fill out15 sec
Other nameshow to form 83, workers compensation exemption form texas, workers comp forms, dwc form 83 pdf

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TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION

7551 Metro Center Drive, Suite 100

Austin, Texas 78744

If you are not certain whether all parties meet the requirements for entering into this agreement, you may wish to consult an attorney.

Texas Workers' Compensation Act, Texas Labor Code, Section 406.141(2) defines "independent contractor" as follows: (2) "Independent contractor" means a person who contracts to perform work or

provide a service for the benefit of another and who: (A) is paid by the job, not by the hour or some other time-measured basis; (B) is free to hire as many helpers as he desires and to determine what each helper will be paid; and (C) is free to work for other contractors, or to send helpers to work for other contractors, while under contract to the hiring employer.

CHECK BOX OF STATEMENT THAT APPLIES

JOINT AGREEMENT TO AFFIRM INDEPENDENT

RELATIONSHIP FOR CERTAIN BUILDING

AND CONSTRUCTION WORKERS

Notice of Declaration

The undersigned Hiring Contractor and the undersigned Independent Contractor hereby declare that the Independent Contractor meets the qualifications of an Independent Contractor under Texas Workers' Compensation Act, Texas Labor Code, Section 406.141, that the Independent Contractor is not an employee of the Hiring Contractor, and that:

(A)the Independent Contractor and the Independent Contractor's employees shall not be entitled to workers' compensation coverage from the Hiring Contractor; and

(B)the Hiring Contractor's workers' compensation insurance carrier shall not require premiums to be paid by the Hiring Contractor for coverage of the Independent Contractor or the Independent Contractor's employees,

helpers, or subcontractors.

__________________________________________________________________

THIS DECLARATION TAKES EFFECT UPON RECEIPT BY THE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION. THIS DECLARATION APPLIES TO ALL HIRING AGREEMENTS EXECUTED BY THE HIRING CONTRACTOR AND THE INDEPENDENT CONTRACTOR DURING THE YEAR AFTER THIS DECLARATION IS FILED UNLESS A SUBSEQUENT HIRING AGREEMENT IS MADE TO WHICH THE DECLARATION DOES NOT APPLY. IN THE EVENT THAT A HIRING AGREEMENT TO WHICH THIS DECLARATION DOES NOT APPLY IS MADE, THE HIRING CONTRACTOR AND INDEPENDENT CONTRACTOR SHALL SO NOTIFY THE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION AND THE HIRING CONTRACTOR'S WORKERS' COMPENSATION INSURANCE CARRIER (IF ANY) IN WRITING WITHIN 10 DAYS AFTER THE NON-APPLYING AGREEMENT IS MADE. ONCE THIS AGREEMENT IS SIGNED, THE SUBCONTRACTOR AND THE SUBCONTRACTOR'S EMPLOYEES SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION COVERAGE FROM THE HIRING CONTRACTOR UNLESS A SUBSEQUENT WRITTEN AGREEMENT IS EXECUTED, AND FILED ACCORDING TO WORKERS’ COMPENSATION RULES, EXPRESSLY STATING THAT THIS AGREEMENT DOES NOT APPLY.

AGREEMENT TO ESTABLISH EMPLOYER- EMPLOYEE RELATIONSHIP FOR CERTAIN BUILDING AND CONSTRUCTION WORKERS

Notice of Agreement

The undersigned Hiring Contractor and the undersigned Independent Contractor hereby agree

that the Hiring Contractor will withhold will not withhold the cost of workers' compensation insurance coverage from the Independent Contractor's contract price and that the Hiring Contractor will purchase workers' compensation insurance coverage for the Independent Contractor and the Independent Contractor's employees. Once this agreement is signed, for the purpose of providing workers' compensation insurance coverage, the Hiring Contractor will be the employer of the Independent Contractor and the Independent Contractor's employees. This agreement makes the Hiring Contractor the employer of the Independent Contractor and the Independent Contractor's employees only for the purposes of workers' compensation laws of Texas and for no other purpose.

TERM (DATES) OF AGREEMENT:

FROM: _____________________

 

TO: ________________________

LOCATION OF EACH AFFECTED JOB SITE (OR STATE WHETHER THIS IS A BLANKET AGREEMENT):

_________________________________________________________________

__________________________________________________________________

___________________________________________________________________

ESTIMATED NUMBER OF EMPLOYEES AFFECTED: _________________

THIS AGREEMENT SHALL TAKE EFFECT NO SOONER THAN THE DATE IT IS SIGNED.

Hiring Contractor's Affirmation

If the Hiring Contractor's workers' compensation carrier change

 

during the effective period of coverage, it is advisable for the Hiring Contractor

__________________________________

to file this form with the new insurance carrier.

 

Federal Tax I.D. Number

______________________________________________

______________________

________________________________________________________________

Signature of Hiring Contractor

Date

Address (Street)

________________________________________________________________________

________________________________________________________________

Printed Name of the Hiring Contractor

 

Address (City, State, Zip)

 

Independent Contractor's Affirmation

____________________________

 

 

 

Federal Tax I.D. Number

______________________________________________

______________________

________________________________________________________________

Signature of Independent Contractor

Date

Address (Street)

 

________________________________________________________________________

________________________________________________________________

Printed Name of the Independent Contractor

 

Address (City, State, Zip)

 

Four copies of this form must be completed: This agreement must be filed by the Hiring Contractor with both the Texas Department of Insurance, Division of Workers’ Compensation and the workers’ compensation insurance carrier of the Hiring Contractor within 10 days of the date of execution. The original must be filed with the Division. The agreement must be filed by PERSONAL DELIVERY OR REGISTERED OR CERTIFIED MAIL. Both the Hiring Contractor and the Independent Contractor must also retain a copy of the agreement.

Division Date Stamp Here

DWC FORM-83 (Rev. 10/05)

DIVISION OF WORKERS’ COMPENSATION

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Write down the information in THIS DECLARATION TAKES EFFECT, If the Hiring Contractors workers, Hiring Contractors Affirmation, Federal Tax ID Number, Signature of Hiring Contractor, Date, Address Street, Printed Name of the Hiring, Address City State Zip, Independent Contractors Affirmation, Federal Tax ID Number, Signature of Independent, Date, Address Street, and Printed Name of the Independent.

dwc 83 THIS DECLARATION TAKES EFFECT, If the Hiring Contractors workers, Hiring Contractors Affirmation, Federal Tax ID Number, Signature of Hiring Contractor, Date, Address Street, Printed Name of the Hiring, Address City State Zip, Independent Contractors Affirmation, Federal Tax ID Number, Signature of Independent, Date, Address Street, and Printed Name of the Independent blanks to fill out

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