Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 403. DIVISION FINANCING
Texas Codes

Tex. Lab. Code § 403.006 (2026)

Subsequent Injury Fund

✓ current as of May 2026
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Sec. 403.006. SUBSEQUENT INJURY FUND. (a) The subsequent injury fund is a dedicated account in the general revenue fund. Money in the account may be appropriated only for the purposes of this section or as provided by other law. Section 403.095, Government Code, does not apply to the subsequent injury fund.

(b) The subsequent injury fund is liable for:

(1) the payment of compensation as provided by Section 408.162;

(2) reimbursement of insurance carrier claims of overpayment of benefits made under an interlocutory order or decision of the commissioner as provided by this subtitle, consistent with the priorities established by rule by the commissioner;

(3) reimbursement of insurance carrier claims as provided by Sections 408.042 and 413.0141, consistent with the priorities established by rule by the commissioner; and

(4) the reimbursement of an insurance carrier as provided by Section 408.0041(f-1).

(c) The commissioner shall appoint an administrator for the subsequent injury fund.

(d) Based on an actuarial assessment of the funding available under Section 403.007(e), the commissioner may make partial payment of insurance carrier claims under Subsection (b)(3).

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1456, Sec. 10.01, eff. June 17, 2001; Acts 2003, 78th Leg., ch. 211, Sec. 2.01, eff. June 16, 2003; Acts 2003, 78th Leg., ch. 1296, Sec. 5(a), eff. June 20, 2003.

Reenacted and amended by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.014, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1150 (S.B. 1169), Sec. 3, eff. September 1, 2007.

Notes of Decisions
Cited in 12 cases, 1994–2015 · leading case: Texas Mun. League Intergovernmental Risk Pool v. Texas Workers' Comp. Comm'n, 74 S.W.3d 377 (Tex. 2002).
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Texas Mun. League Intergovernmental Risk Pool v. Texas Workers' Comp. Comm'n, 74 S.W.3d 377 (Tex. 2002). · cites it 2× “Tex. Lab.Code § 403.006(a). The Legislature established the Fund to pay lifetime workers’ compensation benefits to injured employees and to encourage employers to hire people with disabilities or preexisting injuries.”
Vista Med. Ctr. Hosp. v. Texas Mut. Ins. Co., 416 S.W.3d 11 (Tex. App. 2013). “See Tex. Lab. Code § 403.006. 18 . See Texas Dept.”
Texas Dep't of Ins., Workers' Comp. Div. v. De Los Santos, 446 S.W.3d 800 (Tex. App. 2014). · cites it 3× “See TEX. LAB. CODE ANN. § 402.061 (West 2006); 28 TEX.”
Texas Workers' Comp. Comm'n v. City of Bridge City, 900 S.W.2d 411 (Tex. App. 1995). “” Tex. Lab.Code Ann. § 403.006 (West 1995).”
Subsequent Injury Fund v. Serv. Lloyds Ins. Co., 961 S.W.2d 673 (Tex. App. 1998). “Tex. Lab.Code Ann. § 403.006 (Vernon 1996).”
Texas Workers' Comp. Comm'n v. Hartford Accident & Indem. Co., 952 S.W.2d 949 (Tex. App. 1997). “” See Tex. Lab.Code Ann. § 403.006 (Vernon 1996).”
Westchester Fire Ins. Co. v. Lowe, 882 S.W.2d 654 (Tex. App. 1994). “Stat. Ann. art. 8306, § 12c(a) (Vernon Supp.”
Am. Zurich Ins. Co. v. Daniel Samudio (Tex. App. 2015). · cites it 3× “7 TEX. LABOR CODE ANN. § 403.006 (Vernon Supp.”
John Crain v. Hartford Ins. Co. & Texas Dep't of Ins. Div. of Workers' Comp. (Tex. App. 2010). “Tex. Lab. Code Ann. § 403.006 (West Supp.”
David Evan Schanzle v. JPMC Specialty Mortg. LLC F/K/A WM Specialty Mortg. LLC by Its Servicer-In-Fact Chase Home Fin., LLC (Tex. App. 2010). “Tex. Lab. Code Ann. § 403.006 (West Supp.”
Vista Med. Ctr. Hosp. v. Texas Mut. Ins. Co. (Tex. App. 2013). “See Tex. Lab. Code § 403.006. 16 Vista filed responses in opposition to Texas Mutual’s summary-judgment motions in which it objected to an affidavit the carrier had presented.”
Texas Workers' Comp. Comm'n, the Subsequent Injury Fund, & Todd Brown in His Off. Capacity as Exec. Dir. of the Texas Workers' Comp. Comm'n v. the City of Bridge City, Texas, & the Texas Mun. League Intergovernmental Risk Pool (Tex. App. 1995). “" Tex. Lab. Code Ann. § 403.006 (West 1995).”
— Tex. Lab. Code § 403.006(a) — 1 case
Texas Mun. League Intergovernmental Risk Pool v. Texas Workers' Comp. Comm'n, 74 S.W.3d 377 (Tex. 2002). “Tex. Lab.Code § 403.006(a). The Legislature established the Fund to pay lifetime workers’ compensation benefits to injured employees and to encourage employers to hire people with disabilities or preexisting injuries.”
— Tex. Lab. Code § 403.006(b)(4) — 1 case
Am. Zurich Ins. Co. v. Daniel Samudio (Tex. App. 2015). “7 TEX. LABOR CODE ANN. § 403.006 (Vernon Supp.”
— Tex. Lab. Code § 403.006(b)(l) — 1 case
Texas Dep't of Ins., Workers' Comp. Div. v. De Los Santos, 446 S.W.3d 800 (Tex. App. 2014). “See TEX. LAB. CODE ANN. § 402.061 (West 2006); 28 TEX.”
— Tex. Lab. Code § 403.006(c) — 1 case
Texas Mun. League Intergovernmental Risk Pool v. Texas Workers' Comp. Comm'n, 74 S.W.3d 377 (Tex. 2002). “Tex. Lab.Code § 403.006(a). The Legislature established the Fund to pay lifetime workers’ compensation benefits to injured employees and to encourage employers to hire people with disabilities or preexisting injuries.”
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