Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 417. THIRD-PARTY LIABILITY
Texas Codes

Tex. Lab. Code § 417.004 (2026)

Employer Liability To Third Party

✓ current as of May 2026
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Sec. 417.004. EMPLOYER LIABILITY TO THIRD PARTY. In an action for damages brought by an injured employee, a legal beneficiary, or an insurance carrier against a third party liable to pay damages for the injury or death under this chapter that results in a judgment against the third party or a settlement by the third party, the employer is not liable to the third party for reimbursement or damages based on the judgment or settlement unless the employer executed, before the injury or death occurred, a written agreement with the third party to assume the liability.

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

Notes of Decisions
Cited in 25 cases (2 in the last 5 years), 1995–2026 · leading case: Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009).
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Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009). · cites it 4× “at 191 (quoting TEX. LAB.CODE § 417.004). Although the revision appeared to require the signature of both parties, we concluded that the Legislature intended no change in the law and that the nonsignatory contractor could seek indemnification as an intended beneficiary of the…”
Energy Serv. Co. of Bowie, Inc. v. Superior Snubbing Servs., Inc., 236 S.W.3d 190 (Tex. 2007). · cites it 6× “" Superior denied that it owed indemnity to Energy, in part, on the basis of Texas Labor Code section 417.004 and the fact that Energy had not executed an indemnity agreement with Superior.”
Robert Hovel & Tania Hovel v. Gal Batzri, 490 S.W.3d 132 (Tex. App. 2016). · cites it 2× “at 195 (construing Texas Labor Code section 417.004). Such is the case here, and the instruction of the supreme court on construing a statute in these circumstances is exactly the opposite of the instruction the majority draws from the Scalia and Garner treatise and follows.”
Exxon Mobil Corp. v. the Ins. Co. of the State of Pennsylvania, 568 S.W.3d 650 (Tex. 2019). “004 ("In an action for damages brought by an injured employee, a legal beneficiary, or an insurance carrier against a third party liable to pay damages for the injury or death under this chapter that results in a judgment against the third party or a settlement by the third…”
In Re Unitec Elevator Servs. Co., 178 S.W.3d 53 (Tex. App. 2005). “Tex. Lab.Code Ann. § 417.004 (Vernon 1996).”
Donald B. Mullins & Blue Sky Right of Way, L.L.C. v. Martinez R.O.W., LLC F/K/A Martinez Investments, 498 S.W.3d 700 (Tex. App. 2016). “Tex. Lab. Code Ann. § 417.004 (West 2015).”
Gilbane Bldg. Co. v. Keystone Structural Concrete, Ltd., 263 S.W.3d 291 (Tex. App. 2007). “004 provides, In an action for damages brought by an injured employee, a legal beneficiary, or an insurance carrier against a third party liable to pay damages for the injury or death under the chapter that results in a judgment against the third party or a settlement by the…”
Lee Lewis Constr., Inc. v. Harrison, 64 S.W.3d 1 (Tex. App. 1999). “It does not apply to situations where an employer expressly agreed, in writing, to indemnify the third-party before the mishap giving rise to the need for indemnity occurred.”
Union Carbide Corp. v. Smith, 313 S.W.3d 370 (Tex. App. 2010). “Tex. Lab.Code Ann. § 417.004 (Vernon 2006).”
Banzhaf v. ADT Sec. Sys. Sw., Inc., 28 S.W.3d 180 (Tex. App. 2000). “Article 8306 is now recodified in TEX. LAB. CODE ANN. § 417.004 (Vernon 1996).”
Whiteco Metrocom, Inc. v. Texas Utils. Elec. Co., 30 S.W.3d 421 (Tex. App. 2000). · cites it 2× “See Tex.Lab.Code Ann. § 417.004 (Vernon 1996).”
Faulk Mgmt. Servs. v. Lufkin Indus., Inc., 905 S.W.2d 476 (Tex. App. 1995). · cites it 2× “Article 8306 § 3(d) provided that if a personal injury action by an employee against a third party resulted in judgment or settlement, no subscriber shall have any liability to reimburse or hold harmless "in the absence of a written agreement expressly assuming such liability,…”
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