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

Tex. Lab. Code § 406.031 (2026)

Liability For Compensation

✓ laws through the 89th Legislature (2025)
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Sec. 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, the employee is subject to this subtitle; and

(2) the injury arises out of and in the course and scope of employment.

(b) If an injury is an occupational disease, the employer in whose employ the employee was last injuriously exposed to the hazards of the disease is considered to be the employer of the employee under this subtitle.

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

Notes of Decisions
Cited in 66 cases (10 in the last 5 years), 1994–2026 · leading case: Medina v. Herrera, 927 S.W.2d 597 (Tex. 1996).
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Medina v. Herrera, 927 S.W.2d 597 (Tex. 1996). · cites it 8× “Compare TEX.LAB.CODE §§ 406.031, 406.032, 408.001, with TEX.”
Texas Prop. & Cas. Ins. Guar. Ass'n v. Brooks, 269 S.W.3d 645 (Tex. App.—Austin 2008). · cites it 5× “See Tex. Lab.Code Ann. § 406.031 (West 2006).”
Texas West Oaks Hosp., LP v. Williams, 371 S.W.3d 171 (Tex. 2012). “031(a) (noting that an employer’s insurance carrier is liable for compensation of an employee’s injury if the employee is subject to the Act and the injury arises out of the course and scope of the employment). But employees need not prove the employer’s negligence for workers’…”
Vasquez v. Dillard's, Inc., 2016 OK 89, 381 P.3d 768. “at 555 (citing Tex. Lab. Code §§ 406.031; 406.033 and Kroger Co.”
Exxon Mobil Corp. v. Ins. Co. of the State of Pennsylvania, 568 S.W.3d 650 (Tex. 2019). “" Like the Carrier, the Association opines that "Exxon's argument that the waiver automatically benefits them without reference to the provisions of the Exxon/Savage contract conflicts with the plain language of the standard-form endorsement.”
Mayes v. Goodyear Tire & Rubber Co., 144 S.W.3d 50 (Tex. App.—Houston [1st Dist.] 2004). · cites it 2× “An insurance carrier is liable for compensation for an employee's injury without regard to fault or negligence if, at the time of injury, the employee is subject to coverage, and if the injury arises out of and in the course and scope of employment.”
Seabright Ins. Co. v. Maximina Lopez, 465 S.W.3d 637 (Tex. 2015). “” Tex. Lab. Code § 406.031(a)(2). As relevant to this case, “[cjourse and scope of employment” means an activity of any kind or character that has to do with and originates in the work, business, trade, or profession of the employer and that is performed by an employee while…”
Port Elevator-Brownsville, L.L.C. v. Casados, 358 S.W.3d 238 (Tex. 2012). “For employees, the TWCA allows them to recover workers’ compensation benefits for injuries in the course and scope of employment without proving fault by the employer and without regard to their negligence or that of their coworkers.”
Texas Mun. League Intergovernmental Risk Pool v. Burns, 209 S.W.3d 806 (Tex. App.—Fort Worth 2006). “Tex. Lab.Code Ann. § 406.031(a); Johnson, 36 S.”
In re XL Specialty Ins. Co., 373 S.W.3d 46 (Tex. 2012). “See Tex. Lab.Code § 406.031(a) (making the insurance carrier and not the employer directly “liable for compensation for an employee’s injury without regard to fault or negligence”).”
Alvarado v. Old Repub. Ins., 951 S.W.2d 254 (Tex. App.—Corpus Christi 1997). · cites it 2× “Home, and for that reason appellants’ claims for workers’ compensation benefits were denied.”
NuStar Energy, L.P. v. Diamond Offshore Co., 402 S.W.3d 461 (Tex. App.—Houston [14th Dist.] 2013). “Laws 176 , 178 (current version at Tex. Lab.Code Ann. § 406.031(b) (West 2006)).”
Show all 66 citing cases →
Tex. Lab. Code § 406.031(a): 18 cases
Texas West Oaks Hosp., LP v. Williams, 371 S.W.3d 171 (Tex. 2012). “031(a) (noting that an employer’s insurance carrier is liable for compensation of an employee’s injury if the employee is subject to the Act and the injury arises out of the course and scope of the employment). But employees need not prove the employer’s negligence for workers’…”
Medina v. Herrera, 927 S.W.2d 597 (Tex. 1996). “Compare TEX.LAB.CODE §§ 406.031, 406.032, 408.001, with TEX.”
Texas Mun. League Intergovernmental Risk Pool v. Burns, 209 S.W.3d 806 (Tex. App.—Fort Worth 2006). “Tex. Lab.Code Ann. § 406.031(a); Johnson, 36 S.”
In re XL Specialty Ins. Co., 373 S.W.3d 46 (Tex. 2012). “See Tex. Lab.Code § 406.031(a) (making the insurance carrier and not the employer directly “liable for compensation for an employee’s injury without regard to fault or negligence”).”
Stewart v. Lexicon Genetics, Inc., 279 S.W.3d 364 (Tex. App.—Beaumont 2009).
Tex. Lab. Code § 406.031(a)(1): 3 cases
Mayes v. Goodyear Tire & Rubber Co., 144 S.W.3d 50 (Tex. App.—Houston [1st Dist.] 2004). “An insurance carrier is liable for compensation for an employee's injury without regard to fault or negligence if, at the time of injury, the employee is subject to coverage, and if the injury arises out of and in the course and scope of employment.”
Rodriguez v. Lockhart Contracting Servs., Inc., 499 S.W.3d 48 (Tex. App.—San Antonio 2016).
Gerardo Rico v. Judson Lofts, Ltd., 404 S.W.3d 762 (Tex. App.—San Antonio 2013).
Tex. Lab. Code § 406.031(a)(2): 7 cases
Medina v. Herrera, 927 S.W.2d 597 (Tex. 1996). “Compare TEX.LAB.CODE §§ 406.031, 406.032, 408.001, with TEX.”
Seabright Ins. Co. v. Maximina Lopez, 465 S.W.3d 637 (Tex. 2015). “” Tex. Lab. Code § 406.031(a)(2). As relevant to this case, “[cjourse and scope of employment” means an activity of any kind or character that has to do with and originates in the work, business, trade, or profession of the employer and that is performed by an employee while…”
Texas Workers' Comp. Ins. Fund v. Rodriguez, 953 S.W.2d 765 (Tex. App.—Corpus Christi 1997).
Vanliner Ins. Co. v. Ward, 923 S.W.2d 29 (Tex. App.—Texarkana 1996).
Barbara Pinkus v. Hartford Cas. Ins. Co., 487 S.W.3d 616 (Tex. App.—Dallas 2015).
Tex. Lab. Code § 406.031(b): 2 cases
NuStar Energy, L.P. v. Diamond Offshore Co., 402 S.W.3d 461 (Tex. App.—Houston [14th Dist.] 2013). “Laws 176 , 178 (current version at Tex. Lab.Code Ann. § 406.031(b) (West 2006)).”
Jefferson Cnty. v. Ellarene Farris, 569 S.W.3d 814 (Tex. App.—Houston [1st Dist.] 2018).
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