Texas Labor Code 406.032 – Exceptions
Terms Used In Texas Labor Code 406.032
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
An insurance carrier is not liable for compensation if:
(1) the injury:
(A) occurred while the employee was in a state of intoxication;
(B) was caused by the employee’s wilful attempt to injure himself or to unlawfully injure another person;
(C) 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;
(D) 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; or
(E) 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; or
(2) the employee’s horseplay was a producing cause of the injury.