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In Texas, when is a workplace injury not covered by a workers' compensation policy?

Texas workers’ compensation says carriers are not liable for the following:

  • A worker attempting to wilfully injure another
  • An injury was caused by the worker attempting to injure him or herself
  • A worker was injured by someone at work, but not an employee of the company and not on the jobsite for work-related reasons
  • A worker was injured as a result of being impaired on the job
  • A worker was injured by participating in something not related to her or his job responsibilities (e.g. social, athletic or volunteer event)
  • A worker was injured by an “act of God” (e.g. a lightening strike or flood)
  • An employee was horsing around on the job

If someone has been injured on the job, they should not assume that they are not able to seek compensation. They should speak to an experienced workers’ compensation attorney who can help them sort through the details of their case.


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