Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 406. WORKERS' COMPENSATION INSURANCE COVERAGE
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Tex. Lab. Code § 406.032 (2026)

Exceptions

✓ laws through the 89th Legislature (2025)
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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.—San Antonio 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, 996 A.2d 709. · 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.—Beaumont 2005). “TEX. LAB.CODE ANN. § 406.032(1)(A) (Vernon 1996).”
MacKey v. U.P. Enter., Inc., 935 S.W.2d 446 (Tex. App.—Tyler 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.—Waco 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.—Houston [14th Dist.] 2003). “” Tex. Lab.Code Ann. § 406.032 (Vernon 1996).”
Texas Workers' Comp. Ins. Fund v. Simon, 980 S.W.2d 730 (Tex. App.—San Antonio 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.—Houston [1st Dist.] 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.—Beaumont 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.—San Antonio 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.—El Paso 2007).
Ashley Denham v. Texas Mut. Ins. Co., No. 07-14-00435-CV (Tex. Feb. 19, 2015).
Ashley Denham v. Texas Mut. Ins. Co., No. 07-14-00435-CV (Tex. App.—Amarillo July 16, 2015).
Tex. Lab. Code § 406.032(1)(B): 1 case
Linda Green v. Zurich Am. Ins. Co., No. 01-23-00179-CV (Tex. App.—Houston [1st Dist.] Feb. 27, 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.—San Antonio 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.—Tyler 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…”
Tex. Lab. Code § 406.032(1)(D): 2 cases
Texas Workers' Comp. Ins. Fund v. Rodriguez, 953 S.W.2d 765 (Tex. App.—Corpus Christi 1997).
Barbara Pinkus v. Hartford Cas. Ins. Co., 487 S.W.3d 616 (Tex. App.—Dallas 2015).
Tex. Lab. Code § 406.032(2): 1 case
Vasquez v. Six Flags Houston, Inc., 120 S.W.3d 445 (Tex. App.—Texarkana 2003).
Tex. Lab. Code § 406.032(a)(1): 1 case
Com. & Indus. Ins. Co. v. Ferguson-Stewart, 339 S.W.3d 744 (Tex. App.—Houston [1st Dist.] 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.”
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