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When are Texas Carriers Off Hook for Workers’ Injuries?

29 May, 2026 Frank Ferreri

                               
Bits & Pieces

It seems like commonsense that if a worker shows up drunk to the job and gets hurt or experiences an injury from goofing around, he shouldn't receive workers' compensation benefits. But as Simply Research subscribers know, Texas lawmakers wanted to make it crystal clear.

Here are the highlights

In the Lonestar State, an insurance carrier is not liable for compensation if the injury:

(1) Occurred while the employee was in a state of intoxication.

(2) Was caused by the employee's willful attempt to injure himself or to unlawfully injure another person.

(3) 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.

(4) 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.

(5) 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.

Similarly, a carrier won't be liable if the employee's horseplay was a producing cause of the injury.

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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