Texas Labor Code, Title 5 (Workers' Compensation)

What this document is

Texas Labor Code, Title 5 (Workers' Compensation): chs. 401 (General Provisions), 402 (Operation and Administration) and 406 (Workers' Compensation Insurance Coverage), each complete (Secs. 401.001-401.027, 402.001-402.251, 406.001-406.165) is a state statute published by Texas Legislative Council (statutes.capitol.texas.gov; document host tcss.legis.texas.gov). It is one of the Texas documents that insurance license exam questions are written from, including texas property & casualty, texas claims adjuster practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• Tex. Labor Code § 401.011(12)(B) (General Definitions: Course and Scope of Employment)

  “(B) travel by the employee in the furtherance of the affairs or business of the employer if the travel is also in furtherance of personal or private affairs of the employee unless: (i) the travel to the place of occurrence of the injury would have been made even had there been no personal or...”

• Tex. Labor Code § 406.033(a) (Common-Law Defenses; Burden of Proof)

  “Sec. 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 manner authorized by Section 406.003 to recover damages for personal injuries or death sustained by an...”

• Tex. Labor Code § 406.033(d) (Common-Law Defenses; Burden of Proof)

  “(d) In an action described by Subsection (a), the plaintiff must prove negligence of the employer or of an agent or servant of the employer acting within the general scope of the agent's or servant's employment.”

• Tex. Labor Code § 401.014(b) (Franchisors Excluded)

  “(b) For purposes of this subtitle, a franchisor is not considered to be an employer of: (1) a franchisee; or (2) a franchisee's employees.”

• Tex. Labor Code § 401.012(d) (Definition of Employee)

  “(d) A person who is an employee for the purposes of this subtitle and engaged in work that otherwise may be legally performed is an employee despite: (1) a license, permit, or certificate violation arising under state law or municipal ordinance; or (2) a violation of a law regulating wages, hours, or work on Sunday.”

• Tex. Labor Code § 406.071(b) (Extraterritorial Coverage)

  “(b) An employee has significant contacts with this state if the employee was hired or recruited in this state and the employee: (1) was injured not later than one year after the date of hire; or (2) has worked in this state for at least 10 working days during the 12 months preceding the date of injury.”

• Tex. Labor Code § 406.008(a)(2)(D) (Cancellation or Nonrenewal of Coverage by Insurance Company; Notice)

  “(D) an increase in the hazard for which the employer seeks coverage that results from an act or omission of the employer and that would produce an increase in the rate, including an increase because of a failure to comply with: (i) reasonable recommendations for loss control; or (ii)...”

• Tex. Labor Code § 406.032 (Exceptions)

  “Sec. 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 caused by the employee's wilful attempt to injure himself or to unlawfully injure another person; (C) arose out of an act of a...”

• Tex. Labor Code § 401.011(30) (General Definitions: Maximum Medical Improvement)

  “(30) "Maximum medical improvement" means the earlier of: (A) the earliest date after which, based on reasonable medical probability, further material recovery from or lasting improvement to an injury can no longer reasonably be anticipated; (B) the expiration of 104 weeks from the date on which...”

• Tex. Labor Code § 406.033(a), (b), (c), (d) (Common-Law Defenses; Burden of Proof)

  “Sec. 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 manner authorized by Section 406.003 to recover damages for personal injuries or death sustained by an...”

• Tex. Labor Code § 401.011(12)(A) (General Definitions: Course and Scope of Employment)

  “(A) transportation to and from the place of employment unless: (i) the transportation is furnished as a part of the contract of employment or is paid for by the employer; (ii) the means of the transportation are under the control of the employer; or (iii) the employee is directed in the employee's...”

• Tex. Labor Code § 401.011(16) (General Definitions: Disability)

  “(16) "Disability" means the inability because of a compensable injury to obtain and retain employment at wages equivalent to the preinjury wage.”

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