Texas Codes

Tex. Lab. Code § 406.032 (2026)

Exceptions

✓ current as of May 2026

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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 third person intended to injure the employee because of a personal reason and not directed at the employee as an employee or because of the employment;

(D) arose out of voluntary participation in an off-duty recreational, social, or athletic activity that did not constitute part of the employee's work-related duties, unless the activity is a reasonable expectancy of or is expressly or impliedly required by the employment; or

(E) arose out of an act of God, unless the employment exposes the employee to a greater risk of injury from an act of God than ordinarily applies to the general public; or

(2) the employee's horseplay was a producing cause of the injury.

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

Notes of Decisions

Cited in 28 cases (2 in the last 5 years), 1994–2025 · leading case: Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex. 2010).

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Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex. 2010). · cites it 2× “3d at 806-07 ; TEX. LAB.CODE § 406.032(1)(C). We express no opinion on whether the Workers' Compensation Act would apply to the facts of today's case, an issue not before us.”

Yolanda Jaime Berrelez v. Mesquite Logistics USA, Inc., 562 S.W.3d 69 (Tex. App. 2018). · cites it 4× “TEX. LAB. CODE ANN. § 406.032(1)(A), (B), (D), (E).”

Medina v. Herrera, 927 S.W.2d 597 (Tex. 1996). · cites it 3× “See TEX.LAB.CODE § 406.032(1)(C). In these situations, therefore, the compensation remedy would be factually inconsistent with Medina's tort claim against Interstate, rendering the remedies mutually exclusive.”

Cyr v. Mcdermott's, Inc., 2010 VT 19 (Vt. 2010). · cites it 2× “" Tex. Labor Code Ann. § 406.032 (1)(A). Thus, in Texas, it is sufficient for the employer to defeat the claim by demonstrating that the employee was intoxicated at the time he sustained the injury, and there is no additional requirement that the intoxication caused the injury.”

Am. Interstate Ins. Co. v. Hinson, 172 S.W.3d 108 (Tex. App. 2005). “TEX. LAB.CODE ANN. § 406.032(1)(A) (Vernon 1996).”

MacKey v. U.P. Enter., Inc., 935 S.W.2d 446 (Tex. App. 1996). “1275 (current version at Tex. Labok Code AnN. § 406.032(1)(C) (Vernon Supp.”

Xenia Rural Water Dist. v. Vegors, 786 N.W.2d 250 (Iowa 2010). “032(1)(C) (West, Westlaw through 2009 Regular and First Called Sessions of the 81st Legislature) (injury is not compensable if it “arose out of an act of a third person intended to injure the employee because of a personal *259 reason and not directed at the employee as an…”

Bomar v. Walls Reg'l Hosp., 983 S.W.2d 834 (Tex. App. 1998). · cites it 2× “See Tex. LaboR Code Ann. § 406.032 (1)(C) (Vernon 1996).”

Urdiales v. Concord Tech. Delaware, Inc., 120 S.W.3d 400 (Tex. App. 2003). “” Tex. Lab.Code Ann. § 406.032 (Vernon 1996).”

Texas Workers' Comp. Ins. Fund v. Simon, 980 S.W.2d 730 (Tex. App. 1998). “” Tex. Lab.Code Ann. § 406.032 (Vernon 1996).”

Walls Reg'l Hosp. v. Bomar, 9 S.W.3d 805 (Tex. 1999). “Tex. Labor Code § 406.032(1)(C). 6 . 724 S.”

Com. & Indus. Ins. Co. v. Ferguson-Stewart, 339 S.W.3d 744 (Tex. App. 2011). “Tex. Lab.Code Ann. § 406.032(a)(1) (West 2006) (providing that “[a]n insurance carrier is not liable for compensation if the injury occurred while the employee was in a state of intoxication.”

Show all 28 citing cases →

— Tex. Lab. Code § 406.032(1)(A) — 6 cases

Am. Interstate Ins. Co. v. Hinson, 172 S.W.3d 108 (Tex. App. 2005). “TEX. LAB.CODE ANN. § 406.032(1)(A) (Vernon 1996).”

Yolanda Jaime Berrelez v. Mesquite Logistics USA, Inc., 562 S.W.3d 69 (Tex. App. 2018). “TEX. LAB. CODE ANN. § 406.032(1)(A), (B), (D), (E).”

Sanchez v. State Off. of Risk Mgmt., 234 S.W.3d 96 (Tex. App. 2007).

Ashley Denham as Parent & Legal Guardian of F.L.J.B., a Minor Child v. Texas Mut. Ins. Co. (Tex. 2015).

Ashley Denham as Parent & Legal Guardian of F.L.J.B., a Minor Child v. Texas Mut. Ins. Co. (Tex. App. 2015).

— Tex. Lab. Code § 406.032(1)(B) — 1 case

Linda Green v. Zurich Am. Ins. Co. (Tex. App. 2025).

— Tex. Lab. Code § 406.032(1)(C) — 12 cases

Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex. 2010). “3d at 806-07 ; TEX. LAB.CODE § 406.032(1)(C). We express no opinion on whether the Workers' Compensation Act would apply to the facts of today's case, an issue not before us.”

Yolanda Jaime Berrelez v. Mesquite Logistics USA, Inc., 562 S.W.3d 69 (Tex. App. 2018). “TEX. LAB. CODE ANN. § 406.032(1)(A), (B), (D), (E).”

Medina v. Herrera, 927 S.W.2d 597 (Tex. 1996). “See TEX.LAB.CODE § 406.032(1)(C). In these situations, therefore, the compensation remedy would be factually inconsistent with Medina's tort claim against Interstate, rendering the remedies mutually exclusive.”

MacKey v. U.P. Enter., Inc., 935 S.W.2d 446 (Tex. App. 1996). “1275 (current version at Tex. Labok Code AnN. § 406.032(1)(C) (Vernon Supp.”

— Tex. Lab. Code § 406.032(1)(D) — 2 cases

Texas Workers' Comp. Ins. Fund v. Rodriguez, 953 S.W.2d 765 (Tex. App. 1997).

Barbara Pinkus v. Hartford Cas. Ins. Co., 487 S.W.3d 616 (Tex. App. 2015).

— Tex. Lab. Code § 406.032(2) — 1 case

Vasquez v. Six Flags Houston, Inc., 120 S.W.3d 445 (Tex. App. 2003).

— Tex. Lab. Code § 406.032(a)(1) — 1 case

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