10.3 Obtaining Coverage – Employer Copy

Discrimination Prohibited

Workers comp rules and regulations may not be applied to discriminate because of race, sex, national origin, or religion.

Workers comp rules and regulations do not prohibit consideration of an anatomical difference in the application of the impairment guidelines in rating an injury or a disease such as, but not limited to, breast cancer or an inguinal hernia. If an impairment rating assigns different values to the same injury for males and females, the higher value shall be applied.

Methods of Obtaining Coverage

An employer may obtain workers compensation insurance coverage through a licensed insurance company or through self-insurance.

For more information about Texas Workers’ Compensation follow this link to:

http://www.tdi.state.tx.us/wc/index.html

Common Law Defenses; Burden of Proof

In an action against an employer who does not have workers’ compensation insurance coverage 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:

• The employee was guilty of contributory negligence;
• The employee assumed the risk of injury or death; or
• The injury or death was caused by the negligence of a fellow employee.
• Workers comp rules and regulations do not reinstate or otherwise affect the availability of defenses at common law, including the defenses.

The employer may defend the action on the ground that the injury was caused:

• By an act of the employee intended to bring about the injury; or
• While the employee was in a state of intoxication.
• In an action against an employer who does not have workers’ compensation insurance coverage, the plaintiff must prove the negligence of the employer or of an agent or servant of the employer acting within the general scope of the agent’s or servant’s employment.
• A cause of action may not be waived by an employee before the employee’s injury or death. Any agreement by an employee to waive a cause of action or any right before the employee’s injury or death is void and unenforceable.