10.2 Coverage Copy

Workers’ compensation insurance coverage means:

• An approved insurance policy to secure the payment of compensation;
• Coverage to secure the payment of compensation through self-insurance as provided by the Department of Insurance; or
• Coverage provided by a governmental entity to secure the payment of

Definition of Employee

Employee means each person in the service of another under a contract of hire, whether express or implied, or oral or written.

The term “employee” includes:

• An employee employed in the usual course and scope of the employer’s business who is directed by the employer temporarily to perform services outside the usual course and scope of the employer’s business;
• A person, other than an independent contractor or the employee of an independent contractor, who is engaged in construction, remodeling, or repair work for the employer at the premises of the employer; and
• A person who is a trainee under the Texans Work

The term “employee” does not include:

• A master of or a seaman on a vessel engaged in interstate or foreign commerce; or
• A person whose employment is not in the usual course and scope of the employer’s business.

A PERSON WHO IS AN EMPLOYEE FOR THE PURPOSES OF THIS SUB-TITLE AND ENGAGED IN WORK THAT OTHERWISE MAY BE LEGALLY PERFORMED IS AN EMPLOYEE DESPITE:

• A license, permit, or certificate violation arising under state law or municipal ordinance or
• A violation of a law regulating wages, hours, or work on

Who is Covered

• Exempt Employees; Voluntary Coverage

The following employees are not subject to workers compensation:

• A person employed as a domestic worker or a casual worker engaged in employment incidental to a personal residence;
• A person covered by a method of compensation established under federal law; or
• A farm or ranch employee, unless specified by law.

An employer may elect to obtain workers’ compensation insurance coverage for an employee or classification of employees exempted from coverage. Obtaining that coverage constitutes acceptance by the employer of the rights and responsibilities imposed under this subtitle as of the effective date of the coverage for as long as the coverage remains in effect.

An employer who does not obtain coverage for exempt employees is not deprived of the common-law defenses.