Texas Labor Code
§ 406.033 — COMMON-LAW DEFENSES; BURDEN OF PROOF
LA § 406.033Title 5. WORKERS' COMPENSATION · Part A. TEXAS WORKERS' COMPENSATION ACT · Ch. 406. WORKERS' COMPENSATION INSURANCE COVERAGE · Art. B. COVERAGE REQUIREMENTS
Statute text
View on source(a)In an action against an employer by or on behalf of an employee who is not covered by workers' compensation insurance obtained in the manner authorized by Section 406.003 to recover damages for personal injuries or death sustained by an employee in the course and scope of the employment, it is not a defense that:
(1)the employee was guilty of contributory negligence;
(2)the employee assumed the risk of injury or death; or
(3)the injury or death was caused by the negligence of a fellow employee.
(b)This section does not reinstate or otherwise affect the availability of defenses at common law, including the defenses described by Subsection (a).
(c)The employer may defend the action on the ground that the injury was caused:
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Legislative history
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.031, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 1108 (S.B. 1714), Sec. 1, eff. September 1, 2011.