Texas Labor Code - Section 406.163. Liability Of Labor Agent; Joint And Several Liability
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Texas Lawyer > Labor Code > Texas Labor Code - Section 406.163. Liability Of Labor Agent; Joint And Several Liability
§ 406.163. LIABILITY OF LABOR AGENT; JOINT AND SEVERAL
LIABILITY. (a) A labor agent who furnishes a migrant or seasonal
worker is liable under this subtitle as if the labor agent were the
employer of the worker, without regard to the right of control or
other factors used to determine an employer-employee relationship.
(b) If the labor agent does not have workers' compensation
insurance coverage, the person with whom the labor agent contracts
for the services of the migrant or seasonal worker is jointly and
severally liable with the labor agent in an action to recover
damages for personal injuries or death suffered by the migrant or
seasonal worker as provided by this subtitle, and, for that
purpose, the migrant or seasonal worker is considered the employee
of the person with whom the labor agent contracts and that person
may obtain workers' compensation insurance coverage for that worker
as provided by this subtitle. If a migrant or seasonal worker is
covered by workers' compensation insurance coverage, the person
with whom the labor agent contracts is not liable in a separate
action for injury or death except to the extent provided by this
subtitle.
(c) A labor agent shall notify each person with whom the
agent contracts of whether the agent has workers' compensation
insurance coverage. If the agent does have workers' compensation
insurance coverage, the agent shall present evidence of the
coverage to each person with whom the agent contracts.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
Section: 406.142 406.143 406.144 406.145 406.146 406.161 406.162 406.163 406.164 406.165 407.001 407.023 407.024 407.041 407.042
Last modified: August 10, 2007
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