Texas Labor Code Title 5, Chapter 406 - Workers' Compensation Insurance Coverage

SUBCHAPTER A COVERAGE ELECTION; SECURITY PROCEDURES

• Texas Section 406.001 - Definition
  In this subchapter, "employer" means a person who employs one or more employees. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
• Texas Section 406.002 - Coverage Generally Elective
  (a) Except for public employers and as otherwise provided by law, an employer may elect to obtain workers' compensation insurance coverage. (b) An employer who...
• Texas Section 406.003 - Methods Of Obtaining Coverage
  An employer may obtain workers' compensation insurance coverage through a licensed insurance company or through self-insurance as provided by this subtitle. Acts 1993, 73rd Leg.,...
• Texas Section 406.004 - Employer Notice To Division
  (a) An employer who does not obtain workers' compensation insurance coverage shall notify the division in writing, in the time and as prescribed by commissioner...
• Texas Section 406.005 - Employer Notice To Employees; Administrative Violation
  (a) An employer shall notify each employee as provided by this section whether or not the employer has workers' compensation insurance coverage. (b) The employer...
• Texas Section 406.006 - Insurance Coverage And Claim Administration Reporting Requirements; Administrative Violation
  (a) An insurance company from which an employer has obtained workers' compensation insurance coverage, a certified self-insurer, a workers' compensation self-insurance group under Chapter 407A,...
• Texas Section 406.007 - Termination Of Coverage By Employer; Notice
  (a) An employer who terminates workers' compensation insurance coverage obtained under this subtitle shall file a written notice with the division by certified mail not...
• Texas Section 406.008 - Cancellation Or Nonrenewal Of Coverage By Insurance Company; Notice
  (a) An insurance company that cancels a policy of workers' compensation insurance or that does not renew the policy by the anniversary date of the...
• Texas Section 406.009 - Collecting And Maintaining Information; Monitoring And Enforcing Compliance
  (a) The division shall collect and maintain the information required under this subchapter and shall monitor compliance with the requirements of this subchapter. (b) The...
• Texas Section 406.010 - Claims Service; Administrative Violation
  (a) An insurance carrier shall provide claims service: (1) through offices of the insurance carrier located in this state; or (2) by other resident representatives...
• Texas Section 406.011 - Austin Representative; Administrative Violation
  (a) The commissioner by rule may require an insurance carrier to designate a representative in Austin to act as the insurance carrier's agent before the...

SUBCHAPTER B COVERAGE REQUIREMENTS

• Texas Section 406.012 - Enforcement Of Subchapter
  The commission shall enforce the administrative penalties established under this subchapter in accordance with Chapter 415. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff....
• Texas Section 406.031 - Liability For Compensation
  (a) An insurance carrier is liable for compensation for an employee's injury without regard to fault or negligence if: (1) at the time of injury,...
• Texas Section 406.032 - Exceptions
  An insurance carrier is not liable for compensation if: (1) the injury: (A) occurred while the employee was in a state of intoxication; (B) was...
• Texas Section 406.033 - Common-law Defenses; Burden Of Proof
  (a) In an action against an employer by or on behalf of an employee who is not covered by workers' compensation insurance obtained in the...
• Texas Section 406.034 - Employee Election
  (a) Except as otherwise provided by law, unless the employee gives notice as provided by Subsection (b), an employee of an employer waives the employee's...

SUBCHAPTER C COVERAGE THROUGH COMMERCIAL INSURANCE

• Texas Section 406.035 - Waiver Of Compensation Prohibited
  Except as provided by this subtitle, an agreement by an employee to waive the employee's right to compensation is void. Acts 1993, 73rd Leg., ch....
• Texas Section 406.051 - Security By Commercial Insurance
  (a) An insurance company may contract to secure an employer's liability and obligations and to pay compensation by issuing a workers' compensation insurance policy under...
• Texas Section 406.052 - Effect Of Other Insurance Coverage
  (a) A contract entered into to indemnify an employer from loss or damage resulting from an injury sustained by an employee that is compensable under...

SUBCHAPTER D EXTRATERRITORIAL COVERAGE

• Texas Section 406.053 - All States Coverage
  The Texas Department of Insurance shall coordinate with the appropriate agencies of other states to: (1) share information regarding an employer who obtains all states...
• Texas Section 406.071 - Extraterritorial Coverage
  (a) An employee who is injured while working in another jurisdiction or the employee's legal beneficiary is entitled to all rights and remedies under this...
• Texas Section 406.072 - Principal Location
  The principal location of a person's employment is where: (1) the employer has a place of business at or from which the employee regularly works;...
• Texas Section 406.073 - Agreement On Principal Location; Administrative Violation
  (a) An employee whose work requires regular travel between this state and at least one other jurisdiction may agree in writing with the employer on...
• Texas Section 406.074 - Interjurisdictional Agreements
  (a) The commissioner may enter into an agreement with an appropriate agency of another jurisdiction with respect to: (1) conflicts of jurisdiction; (2) assumption of...

SUBCHAPTER E APPLICATION OF COVERAGE TO CERTAIN EMPLOYEES

• Texas Section 406.075 - Effect Of Compensation Paid In Other Jurisdiction
  (a) An injured employee who elects to pursue the employee's remedy under the workers' compensation laws of another jurisdiction and who recovers benefits under those...
• Texas Section 406.091 - Exempt Employees; Voluntary Coverage
  (a) The following employees are not subject to this subtitle: (1) a person employed as a domestic worker or a casual worker engaged in employment...
• Texas Section 406.092 - Alien Employees And Beneficiaries
  (a) A resident or nonresident alien employee or legal beneficiary is entitled to compensation under this subtitle. (b) A nonresident alien employee or legal beneficiary,...
• Texas Section 406.093 - Legally Incompetent Employees
  (a) The guardian of an injured employee who is a minor or is otherwise legally incompetent may exercise on the employee's behalf the rights and...
• Texas Section 406.094 - Certain Persons Licensed By Texas Real Estate Commission
  (a) An employer who elects to provide workers' compensation insurance coverage may include in the coverage a real estate salesperson or broker who is: (1)...
• Texas Section 406.095 - Certain Professional Athletes
  (a) A professional athlete employed under a contract for hire or a collective bargaining agreement who is entitled to benefits for medical care and weekly...
• Texas Section 406.096 - Required Coverage For Certain Building Or Construction Contractors
  (a) A governmental entity that enters into a building or construction contract shall require the contractor to certify in writing that the contractor provides workers'...
• Texas Section 406.097 - Executive Employees Of Certain Business Entities
  (a) A sole proprietor, partner, or corporate executive officer of a business entity that elects to provide workers' compensation insurance coverage is entitled to benefits...

SUBCHAPTER F COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS

• Texas Section 406.098 - Volunteer Emergency Service Members And Personnel
  (a) An emergency service organization which is not a political subdivision or which is separate from any political subdivision may elect to obtain workers' compensation...
• Texas Section 406.121 - Definitions
  In this subchapter: (1) "General contractor" means a person who undertakes to procure the performance of work or a service, either separately or through the...
• Texas Section 406.122 - Status As Employee
  (a) For purposes of workers' compensation insurance coverage, a person who performs work or provides a service for a general contractor or motor carrier who...
• Texas Section 406.123 - Election To Provide Coverage; Administrative Violation
  (a) A general contractor and a subcontractor may enter into a written agreement under which the general contractor provides workers' compensation insurance coverage to the...
• Texas Section 406.124 - Cause Of Action
  If a person who has workers' compensation insurance coverage subcontracts all or part of the work to be performed by the person to a subcontractor...
• Texas Section 406.125 - Restriction Of Unsafe Work Practices Unaffected
  This subchapter does not prevent a general contractor from directing a subcontractor or the employees of a subcontractor to stop or change an unsafe work...
• Texas Section 406.126 - Exemption
  This subchapter does not apply to farm or ranch employees. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER G COVERAGE OF CERTAIN BUILDING AND CONSTRUCTION WORKERS

• Texas Section 406.127 - Effect Of Certain Contracts Of Hire
  An insurance company may not demand an insurance premium from an employer for coverage of an independent contractor or an employee of an independent contractor...
• Texas Section 406.141 - Definitions
  In this subchapter: (1) "Hiring contractor" means a general contractor or subcontractor who, in the course of regular business, subcontracts all or part of the...
• Texas Section 406.142 - Application
  This subchapter applies only to contractors and workers preparing to construct, constructing, altering, repairing, extending, or demolishing: (1) a residential structure; (2) a commercial structure...
• Texas Section 406.143 - Provision Of Workers' Compensation Insurance; Independent Contractor Without Employees
  (a) Unless the independent contractor and hiring contractor enter into an agreement under Section 406.144, the independent contractor is responsible for any workers' compensation insurance...
• Texas Section 406.144 - Election To Provide Coverage; Agreement
  (a) Except as provided by this section, a hiring contractor is not responsible for providing workers' compensation insurance coverage for an independent contractor or the...
• Texas Section 406.145 - Joint Agreement
  (a) A hiring contractor and an independent subcontractor may make a joint agreement declaring that the subcontractor is an independent contractor as defined in Section...

SUBCHAPTER H COVERAGE OF FARM AND RANCH EMPLOYEES

• Texas Section 406.146 - Wrongful Inducement Prohibited
  (a) A hiring contractor may not: (1) wrongfully induce an employee to enter into a joint agreement under Section 406.145 stating that the employee is...
• Texas Section 406.161 - Definitions
  In this subchapter: (1) "Agricultural labor" means the planting, cultivating, or harvesting of an agricultural or horticultural commodity in its unmanufactured state. (2) "Family" means...
• Texas Section 406.162 - Scope
  (a) This subtitle applies to an action to recover damages for personal injuries or death sustained by a farm or ranch employee who is: (1)...
• Texas Section 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...
• Texas Section 406.164 - Elective Coverage Of Employer And Family Members
  (a) A person who purchases a workers' compensation insurance policy covering farm or ranch employees may cover the person, a partner, a corporate officer, or...
• Texas Section 406.165 - Not Applicable To Independent Contractors
  (a) A farm or ranch employee who performs work or provides a service for a farm or ranch employer subject to this subchapter is an...

Last modified: September 28, 2016