Texas Labor Code 406.163 – Liability of Labor Agent; Joint and Several Liability
(a) A labor agent who furnishes a migrant or seasonal worker is liable under this subtitle as if the labor agent were the employer of the worker, without regard to the right of control or other factors used to determine an employer-employee relationship.
(b) If the labor agent does not have workers’ compensation insurance coverage, the person with whom the labor agent contracts for the services of the migrant or seasonal worker is jointly and severally liable with the labor agent in an action to recover damages for personal injuries or death suffered by the migrant or seasonal worker as provided by this subtitle, and, for that purpose, the migrant or seasonal worker is considered the employee of the person with whom the labor agent contracts and that person may obtain workers’ compensation insurance coverage for that worker as provided by this subtitle. If a migrant or seasonal worker is covered by workers’ compensation insurance coverage, the person with whom the labor agent contracts is not liable in a separate action for injury or death except to the extent provided by this subtitle.
Terms Used In Texas Labor Code 406.163
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
(c) A labor agent shall notify each person with whom the agent contracts of whether the agent has workers’ compensation insurance coverage. If the agent does have workers’ compensation insurance coverage, the agent shall present evidence of the coverage to each person with whom the agent contracts.