What is the status of coverage for private employers under Texas Labor Code §406.002?
Coverage is elective for private employers; public employers must have coverage.
Private employers can choose to obtain workers’ compensation insurance, while public employers are required to have it.
What is the exclusive remedy for employees of subscribers in workers’ compensation?
Compensation benefits are the exclusive remedy, barring negligence suits.
Employees of subscribing employers cannot sue for negligence; they must rely on compensation benefits.
What happens to non-subscribers regarding common-law defenses?
Non-subscribers lose common-law defenses such as contributory negligence and assumption of risk.
Non-subscribers cannot use these defenses if an employee is injured.
How can employers obtain workers’ compensation coverage according to §406.003?
Through a licensed insurer or self-insurance.
Employers have options for obtaining coverage, either by purchasing it or opting to self-insure.
What are the notice requirements for non-subscribers under §406.004–.005?
Must notify the Division of Workers’ Comp and employees, and post workplace notice of coverage status.
Failing to meet these requirements results in an administrative violation.
What does §406.033 state about employee negligence suits?
Bars employee negligence suits against subscribing employers, except for intentional or gross negligence causing death.
This legal protection limits employees’ ability to sue for negligence.
What is required for employers to self-insure under §407.041?
Employers must apply for a certificate to self-insure and pay a fee of $1,000.
The application process is overseen by the Division, which has the authority to approve or deny self-insurance requests.
What does the Guaranty Association under §407.001 cover?
Covers claims if a self-insured employer becomes impaired, such as through bankruptcy or receivership.
This association provides protection for employees in case their employer cannot fulfill claims.
What is the role of the Commissioner under §407.023?
Has exclusive authority to approve or revoke self-insurance certificates.
The Commissioner oversees the regulation of self-insurance in Texas.
What is the format for claims/suits involving self-insured employers according to §407.024?
Styled as ‘in re: [employee] and [self-insurer]’.
This format is used for legal proceedings involving self-insured employers.
What types of benefits are governed under Chapter 408?
Income benefits, medical benefits, impairment income, supplemental income, death benefits.
These benefits are tied to the employee’s average weekly wage.
What is the process for disputes regarding benefits under Chapter 408?
Disputes go through an administrative process before judicial review.
This ensures that all administrative avenues are explored before taking legal action.
What is defined as a governmental record under Texas Penal Code §37.01?
Includes court records, permits, licenses, ballots, insurance proof, etc.
These records are protected under the law and falsifying them can lead to serious charges.
What constitutes perjury according to §37.02?
A false statement made under oath or unsworn declaration.
Perjury is classified as a Class A misdemeanor.
What is aggravated perjury as defined in §37.03?
Perjury in an official proceeding that is material; classified as a 3rd degree felony.
This escalates the severity of the offense due to the context of the false statement.
What is tampering with governmental records as per §37.10?
Falsifying documents like lien affidavits, permits, or inspection documents.
The penalties vary from misdemeanor to felony based on intent and harm caused.
What are common offenses in construction law related to perjury?
Filing fraudulent mechanic’s liens, false payroll or certified wage statements, perjury in affidavits.
These offenses can have serious legal repercussions in public projects.
What is the mnemonic for remembering key elements of Workers’ Comp?
EON → Election, Obtaining coverage, Notice.
This mnemonic aids in recalling the essential aspects of workers’ compensation.
What is the mnemonic for key elements of Texas Penal Code Chapter 37?
PAT → Perjury, Aggravated Perjury, Tampering with records.
This mnemonic helps in remembering the critical offenses outlined in this chapter.
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Contracts56
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Industry Regulation & Licensing52
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Mechanics Lien & Related239
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Surety26
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Insurance122
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Warranty26
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Consumer Protections138
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Causes of Action, Defenses & Damages28
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Soverign and Governmental Immunity20
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Dispute Resolution23
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Torts & Accidents20
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Judgment Collection & Enforcement16
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Ethics14
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Misc.19
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Prompt Payment128
