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

✓ current as of May 2026
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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. 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 (Okla. 2016). “at 555 (citing Tex. Lab. Code §§ 406.031; 406.033 and Kroger Co.”
Exxon Mobil Corp. v. the 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. 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, Beneficiary of Candelario 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. 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. 1997). · cites it 2× “Home, and for that reason appellants’ claims for workers’ compensation benefits were denied.”
NuStar Energy, L.P., & Kaneb Mgmt. Co., L.L.C. v. Diamond Offshore Co., 402 S.W.3d 461 (Tex. App. 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. 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. 2009).
— Tex. Lab. Code § 406.031(a)(1) — 3 cases
Mayes v. Goodyear Tire & Rubber Co., 144 S.W.3d 50 (Tex. App. 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. 2016).
Gerardo Rico v. Judson Lofts, Ltd., 404 S.W.3d 762 (Tex. App. 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, Beneficiary of Candelario 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. 1997).
Vanliner Ins. Co. v. Ward, 923 S.W.2d 29 (Tex. App. 1996).
Barbara Pinkus v. Hartford Cas. Ins. Co., 487 S.W.3d 616 (Tex. App. 2015).
— Tex. Lab. Code § 406.031(b) — 2 cases
NuStar Energy, L.P., & Kaneb Mgmt. Co., L.L.C. v. Diamond Offshore Co., 402 S.W.3d 461 (Tex. App. 2013). “Laws 176 , 178 (current version at Tex. Lab.Code Ann. § 406.031(b) (West 2006)).”
Jefferson Cnty., Texas v. Ellarene Farris, Individually & as Pers. Rep. of the Heirs & Est. of James Farris, 569 S.W.3d 814 (Tex. App. 2018).
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