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 § 406.122 (2026)

Status As Employee

✓ current as of May 2026
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Sec. 406.122. STATUS AS EMPLOYEE. (a) For purposes of workers' compensation insurance coverage, a person who performs work or provides a service for a general contractor or motor carrier who is an employer under this subtitle is an employee of that general contractor or motor carrier, unless the person is:

(1) operating as an independent contractor; or

(2) hired to perform the work or provide the service as an employee of a person operating as an independent contractor.

(b) A subcontractor and the subcontractor's employees are not employees of the general contractor for purposes of this subtitle if the subcontractor:

(1) is operating as an independent contractor; and

(2) has entered into a written agreement with the general contractor that evidences a relationship in which the subcontractor assumes the responsibilities of an employer for the performance of work.

(c) An owner operator and the owner operator's employees are not employees of a motor carrier for the purposes of this subtitle if the owner operator has entered into a written agreement with the motor carrier that evidences a relationship in which the owner operator assumes the responsibilities of an employer for the performance of work.

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

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2009–2021 · leading case: Simpson v. Empire Truck Lines, Inc., 571 F.3d 475 (5th Cir. 2009).
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Simpson v. Empire Truck Lines, Inc., 571 F.3d 475 (5th Cir. 2009). · cites it 2× “if the owner operator has entered into a written agreement with the motor carrier that evidences a relationship in which the owner operator assumes the responsibilities of an employer for the performance of the work.”
Berkel & Co. v. Lee, 543 S.W.3d 288 (Tex. App. 2017). “See Tex. Lab. Code § 406.122(b). This rule applies only if the subcontractor is operating as an independent contractor and the subcontractor has entered into a written agreement with the general contractor in which the subcontractor has assumed the responsibilities of an…”
Austin Bridge & Rd., LP v. Suarez, 556 S.W.3d 363 (Tex. App. 2018). “at 70-71 ; see TEX. LABOR CODE ANN. § 406.122(b) (West 2015) (providing that for purposes of workers' compensation insurance coverage, person who performs work for general contractor who is "an employer," as defined in TWCA, is "an employee" of that general contractor unless…”
Texas Instruments, Inc. v. Alessandro Udell (Tex. App. 2016). · cites it 4× “” TEX. LAB. CODE ANN. § 406.122(a) (West 2015).”
Matthew Eric Kershner v. Samsung Austin Semiconductor, LLC (Tex. App. 2015). · cites it 4× “8-10, 13 APPELLEE SAMSUNG AUSTIN SEMICONDUCTOR'S BRIEF Pagev Statutes and Rules Texas Labor Code§ 406.122 ...............”
Peerless Indem. Ins. Co., Am. First Ins. Co., the Netherlands Ins. Co., & Am. First Lloyds Ins. Co. A.K.A. Am. First Ins. Co. v. GLS Masonry, Inc. (Tex. App. 2018). · cites it 2× “See TEX. LAB. CODE ANN. §§ 406.122(a), 406.142.”
Guadalupe Mariscal v. McCarthy Bldg. Companies, Inc. & the Brandt Companies, LLC (Tex. App. 2021). · cites it 2× “TEX. LAB. CODE ANN. § 406.122(b). Section 406.”
Matthew Eric Kershner v. Samsung Austin Semiconductor, LLC (Tex. App. 2015). · cites it 2× “6 Tex. Labor Code § 406.122 ...............”
Matthew Eric Kershner v. Samsung Austin Semiconductor, LLC (Tex. App. 2016). “at 768 (emphasis added); see Tex. Lab. Code § 406.122(b) (providing that subcontractor and its employees are not deemed employees of general contractor if subcontractor is operating as independent contractor and “has entered into a written agreement with the general contractor…”
Tex. Lab. Code § 406.122(a): 2 cases
Texas Instruments, Inc. v. Alessandro Udell (Tex. App. 2016). “” TEX. LAB. CODE ANN. § 406.122(a) (West 2015).”
Peerless Indem. Ins. Co., Am. First Ins. Co., the Netherlands Ins. Co., & Am. First Lloyds Ins. Co. A.K.A. Am. First Ins. Co. v. GLS Masonry, Inc. (Tex. App. 2018). “See TEX. LAB. CODE ANN. §§ 406.122(a), 406.142.”
Tex. Lab. Code § 406.122(b): 6 cases
Berkel & Co. v. Lee, 543 S.W.3d 288 (Tex. App. 2017). “See Tex. Lab. Code § 406.122(b). This rule applies only if the subcontractor is operating as an independent contractor and the subcontractor has entered into a written agreement with the general contractor in which the subcontractor has assumed the responsibilities of an…”
Austin Bridge & Rd., LP v. Suarez, 556 S.W.3d 363 (Tex. App. 2018). “at 70-71 ; see TEX. LABOR CODE ANN. § 406.122(b) (West 2015) (providing that for purposes of workers' compensation insurance coverage, person who performs work for general contractor who is "an employer," as defined in TWCA, is "an employee" of that general contractor unless…”
Texas Instruments, Inc. v. Alessandro Udell (Tex. App. 2016). “” TEX. LAB. CODE ANN. § 406.122(a) (West 2015).”
Guadalupe Mariscal v. McCarthy Bldg. Companies, Inc. & the Brandt Companies, LLC (Tex. App. 2021). “TEX. LAB. CODE ANN. § 406.122(b). Section 406.”
Matthew Eric Kershner v. Samsung Austin Semiconductor, LLC (Tex. App. 2016). “at 768 (emphasis added); see Tex. Lab. Code § 406.122(b) (providing that subcontractor and its employees are not deemed employees of general contractor if subcontractor is operating as independent contractor and “has entered into a written agreement with the general contractor…”
Tex. Lab. Code § 406.122(c): 1 case
Simpson v. Empire Truck Lines, Inc., 571 F.3d 475 (5th Cir. 2009). “if the owner operator has entered into a written agreement with the motor carrier that evidences a relationship in which the owner operator assumes the responsibilities of an employer for the performance of the work.”
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