Workers' Comp for Tree Service Contractors in Texas
No — Texas is the only state where private employers may legally go without workers' compensation. But opting out is not free: non-subscribers lose their common-law defenses in employee injury suits, must file an annual notice with the Division of Workers' Compensation, and are routinely locked out of general-contractor and public work.
The rule in Texas
- Private employers elect whether to carry workers' compensation. Texas is the only state that works this way.
- Employers that opt out are called non-subscribers and must notify each employee in writing and file an annual notice of non-coverage with the DWC (Form DWC-005) — the filing window is February 1 to April 30.
- Non-subscribers also lose the common-law defenses (contributory negligence, assumption of risk, negligence of a fellow employee) in an injured-employee lawsuit. That is the real cost of opting out.
- Non-subscribers must still report workplace injuries and fatalities to the DWC.
- Contractors on public building and construction contracts are required to carry coverage, and most private general contractors require it of subs by contract — which is why the practical answer for a working crew is usually still yes.
Municipal and utility-adjacent tree work in Texas effectively requires coverage through the contract even though the state does not mandate it. Storm-chasing crews crossing state lines also pick up the host state's rules.
Texas being optional is the most misunderstood fact in this market. Optional under state law is not optional under your GC's contract.
The class codes that apply to tree service
Your class code decides your rate basis, and in Texas it can decide whether you are covered by the requirement at all. These are the NCCI classifications that normally carry tree service payroll.
| Code | Classification | What it covers |
|---|---|---|
0106 | Tree Pruning, Spraying, Repairing — All Operations & Drivers | Pruning, trimming, repairing, spraying and removal, plus stump grinding and the crew's own chipping. Applies where any part of the job requires elevation — ladders, lifts or climbing. |
0042 | Landscape Gardening & Drivers | Ground-level landscaping and grounds maintenance. Many tree companies carry payroll in both 0042 and 0106. |
Classification wording follows the NCCI Scopes manual. Your governing code is assigned by the carrier or rating bureau on the facts of your operation — treat this as orientation, not an assignment.
What underwriters will ask you
0106 is one of the highest-rated codes in the green industry — chainsaws, heights and rigging in one job. Payroll split between 0106 and 0042 is where tree companies win or lose at audit.
- Climbing versus bucket-truck versus ground-only split of payroll
- Maximum height and diameter of trees taken down, and any crane-assisted removals
- Storm and emergency response work, and whether you travel out of state for it
- Chipper and stump-grinder maintenance and lockout practice
- Loss runs and experience modifier
- Chainsaw, rigging and aerial-rescue training records
Having these answers ready is the difference between a quote this week and a quote next month. Our intake asks for them once, in plain language.
Why tree service is hard to place
Tree work is routinely refused by the instant-quote platforms, and the 0106/0042 payroll split is badly understood even by the contractors who live with it.
Get tree service coverage moving in Texas
Answer a handful of questions about your crew, your payroll and your Texas operations. We route it to licensed agents who actually write 0106.
Start a quote — 3 minutesNo premium quoted on this site. We route your details to licensed agents who write your class of work.
Common questions
Do Texas tree service and tree care companies need workers' compensation insurance?
No — Texas is the only state where private employers may legally go without workers' compensation. But opting out is not free: non-subscribers lose their common-law defenses in employee injury suits, must file an annual notice with the Division of Workers' Compensation, and are routinely locked out of general-contractor and public work.
What workers' comp class code applies to tree service work?
0106 — Tree Pruning, Spraying, Repairing — All Operations & Drivers. Pruning, trimming, repairing, spraying and removal, plus stump grinding and the crew's own chipping. Applies where any part of the job requires elevation — ladders, lifts or climbing. Related codes that often carry part of the payroll: 0042 (Landscape Gardening & Drivers).
Does Anvil quote a premium?
No. Anvil is a lead-generation and referral service, not an insurance agency or carrier. We collect your details once and connect you with licensed agents who write your class of work. We do not quote premiums, name carriers or recommend coverage.
How fast can a tree service contractor get a certificate of insurance?
That depends on the agent and carrier, not on us. What we control is the handoff: your details reach an agent who writes your class of work the same business day, instead of you re-typing the same information into five forms.