Chapter 12
WORKERS’ COMPENSATION
Naman, Howell, Smith & Lee, P.C.
Summary
- The purpose of the Texas Workers’ Compensation Act is to compensate injured employees for disability resulting from injuries sustained in the course and scope of employment. There is currently no legal requirement that an employer carry workers’ compensation insurance for its employees. If an employer does not provide workers’ compensation insurance for its employees, the employer may be liable to the employees for its acts of negligence that cause them damage. In cases where the employer does not provide workers’ compensation insurance, the employer loses its common law defenses (for example, contributory negligence).
- An “employer” is a person who makes a contract of hire, employs one or more employees, and has workers’ compensation insurance coverage. The term includes a governmental entity that self-insures, either individually or collectively.
- An “employee” means any person in the service of an employer under any contract for hire, express or implied, oral or written. The Workers’ Compensation Act does not apply to independent contractors.
- Only injuries sustained in the course of employment will give rise to a compensable injury. Accordingly, injuries caused by an act of God; injuries caused by intentional acts by third parties; injuries sustained by an employee while in a state of intoxication; injuries caused by horseplay; and injuries arising out of off-duty activities which are not required by the employer generally do not give rise to compensable injury.