Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 406. WORKERS' COMPENSATION INSURANCE COVERAGE

Tex. Lab. Code § 406.002

Coverage Generally Elective

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Sec. 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 elects to obtain coverage is subject to this subtitle.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Notes of Decisions
Cited in 68 cases (6 in the last 5 years), 1995–2025 · leading case: Randy Austin v. Kroger Texas, L.P.
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Randy Austin v. Kroger Texas, L.P. (2017) ca5 “Tex. Lab. Code § 406.002(a). ‘But the state makes that choice an unattractive one.”
Howard Delivery Service, Inc. v. Zurich American Insurance (2006) scotus · cites it 2× “, Tex. Lab. Code Ann. § 406.002 (West 2006), but many more offer exemptions for particular kinds of employers, see, e.”
Randy Austin v. Kroger Texas, L.P. (2015) tex “See Tex Lab. Code § 406.002 (providing that "an employer may elect to obtain workers’ compensation insurance coverage” and thus be "subject to” the Texas Workers’ Compensation Act).”
Barton v. Whataburger, Inc. (2009) texapp · cites it 2× “See TEX. LAB.CODE ANN. § 406.002(a) (Vernon 2006) ("Except for public employers and as otherwise provided by law, an employer may elect to obtain workers' compensation insurance coverage.”
VASQUEZ v. DILLARD'S, INC. (2016) okla “, dissenting) (citing Tex. Lab. Code § 406.002). 12 Id. (citing Tex.”
Garza v. Exel Logistics, Inc. (2005) tex “Tex. Lab.Code § 406.002. 28 . Id. § 406.003.”
Randy Austin v. Kroger Texas, L.P. (2014) ca5 “Tex. Lab.Code § 406.002(a). “But the state makes that choice an unattractive one.”
Alashmawi v. IBP, Inc. (2001) texapp · cites it 2× “Tex. Lab.Code Ann. § 406.002 (Vernon 1996).”
LMC Complete Automotive, Inc. v. Burke (2007) texapp “Tex. Lab. Code Ann. § 406.002 (Vernon 2006) (“Except for public employers and as otherwise provided by law, an employer may elect to obtain workers’ compensation insurance coverage.”
Port Elevator-Brownsville, L.L.C. v. Casados (2012) tex “Tex. Lab.Code § 406.002(a); Lawrence v. CDB Servs.”
Aleman v. Ben E. Keith Co. (2007) texapp “Tex. Lab. Code Ann. § 406.002 (Vernon 2006) (“Except for public employers and as otherwise provided by law, an employer may elect to obtain workers’ compensation insurance coverage.”
Lambert v. Affiliated Foods, Inc. (2000) texapp · cites it 2× “Effective November 3, 1991, Affiliated elected not to provide workers' compensation insurance coverage, see Tex.Lab.Code Ann. § 406.002 (Vernon 1996), became a non-subscriber, and established the Affiliated Foods, Inc.”
Show all 68 citing cases →
— Tex. Lab. Code § 406.002(a) — 22 cases
Randy Austin v. Kroger Texas, L.P. (2017) ca5 “Tex. Lab. Code § 406.002(a). ‘But the state makes that choice an unattractive one.”
Barton v. Whataburger, Inc. (2009) texapp “See TEX. LAB.CODE ANN. § 406.002(a) (Vernon 2006) ("Except for public employers and as otherwise provided by law, an employer may elect to obtain workers' compensation insurance coverage.”
Randy Austin v. Kroger Texas, L.P. (2014) ca5 “Tex. Lab.Code § 406.002(a). “But the state makes that choice an unattractive one.”
Port Elevator-Brownsville, L.L.C. v. Casados (2012) tex “Tex. Lab.Code § 406.002(a); Lawrence v. CDB Servs.”
Briggs v. Toyota Manufacturing of Texas (2010) texapp
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