Texas Non Subscriber Defense Law
IMMUNITY FROM SUIT
General Contractor Protected From Tort Liability Under Section 406.123 Based On Agreement With Subcontractor
Williams v. Brown & Root Inc. 1997 WL 297750 (Tex. App.- Texarkana, June 6, 1997)
Texas Eastman Company was a general contractor that subcontracted work to Brown and Root. Brown and Root in turn subcontracted work to Tracer Construction Company. Williams sustained a work-related injury as a Tracer employee when he slipped on some stairs and was paid workers’ compensation. Williams then sued Brown and Root for negligently permitting the stairs to be slippery. Brown and Root had an agreement to provide workers’ compensation for Tracer through Eastman’s “Owner Controlled Insurance Program”.
The Texarkana Court of Appeals affirmed summary judgment in Brown and Root’s favor.
Under Section 406.123, workers’ compensation tort immunity is extended to the general contractor for “providing” workers’ compensation insurance. It is not necessary that the general contractor “pay” for that insurance.
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