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Texas Agreement Between General Contractor And Subcontractor To Provide Workers Compensation Insurance

State:
Texas
Control #:
TX-DWC-81
Format:
PDF
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Description Texas Subcontractor Agreement

Agreement Between General Contractor And Subcontractor To Provide Workers Compensation Insurance

Texas Agreement Between General Contractor And Subcontractor To Provide Workers Compensation Insurance is a legally binding document that is used to ensure that both a General Contractor and a Subcontractor provide workers compensation insurance coverage to their employees. This type of agreement is most commonly used in the state of Texas, but can be used in other states as well. Generally, the agreement outlines the specific insurance requirements of each party, including details such as the type of coverage, the amount of coverage, and which employees are covered. There are two main types of Texas Agreement Between General Contractor And Subcontractor To Provide Workers Compensation Insurance: an Indemnity Agreement and an Agreement of Indemnification. An indemnity agreement requires the subcontractor to pay for any claims made by an employee, while an Agreement of Indemnification requires the general contractor to pay for any claims made by an employee. Both agreements also include terms and conditions that both parties must abide by in order to remain in compliance with the agreement.

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FAQ

Texas Law. Requires all employers, with or without workers' compensation insurance coverage, to comply with reporting and notification requirements under the Texas Workers' Compensation Act. Provides for reimbursement of medical expenses and a portion of lost wages due to a work-related injury, disease, or illness.

Sec. 417.001. THIRD-PARTY LIABILITY. (a) An employee or legal beneficiary may seek damages from a third party who is or becomes liable to pay damages for an injury or death that is compensable under this subtitle and may also pursue a claim for workers' compensation benefits under this subtitle.

In an action described by Subsection (a), the plaintiff must prove negligence of the employer or of an agent or servant of the employer acting within the general scope of the agent's or servant's employment.

However, there are exclusions to this rule for some employers listed below: Any public employer including cities, counties, state agencies and state universities. Building and construction contractors for public employers. Motor bus companies and motor carriers.

Do I have to have workers' compensation insurance? Texas doesn't require most private employers to have workers' compensation. But private employers who contract with government entities must provide workers' compensation coverage for the employees working on the project.

Texas doesn't require most private employers to carry workers' compensation insurance. Employers who contract with the government are required to provide workers' compensation coverage for each employee working on the project. Some clients may also require their contractors to have workers' compensation insurance.

(a) Except as otherwise provided by law, unless the employee gives notice as provided by Subsection (b), an employee of an employer waives the employee's right of action at common law or under a statute of this state to recover damages for personal injuries or death sustained in the course and scope of the employment.

Section 406.033 - Common-Law Defenses; Burden of Proof (a) In an action against an employer by or on behalf of an employee who is not covered by workers' compensation insurance obtained in the manner authorized by Section 406.003 to recover damages for personal injuries or death sustained by an employee in the course

More info

Do independent contractors need workers' comp? Any subcontractor that uses employees is required to have its own workers' compensation policy.Principals and general contractors should contractually require any entity with which they contract provide workers compensation insurance. The complete guide to subcontractor workers' comp. Contractor shall submit an itemized statement of Contractor's expenses. Subcontractors may need to provide proof of workers' compensation in order to secure a contract or protect their income. Some businesses may require anyone working for them to carry workers' compensation insurance including contractors and subcontractors. As your insurer, SAIF is liable for all benefits payable under your policy. Can affect your workers' compensation premium substantially. Most states require workers compensation coverage for employees only.

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Texas Agreement Between General Contractor And Subcontractor To Provide Workers Compensation Insurance