Bits & Pieces
It seems like commonsense that if a worker shows up drunk to the job and gets hurt or experiences an injury from goofing around, he shouldn’t receive workers’ compensation benefits. But as Simply Research subscribers know, Texas lawmakers wanted to make it crystal clear.
Here are the highlights
In the Lonestar State, an insurance carrier is not liable for compensation if the injury:
(1) Occurred while the employee was in a state of intoxication.
(2) Was caused by the employee’s willful attempt to injure himself or to unlawfully injure another person.
(3) 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.
(4) 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.
(5) 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.
Similarly, a carrier won’t be liable if the employee’s horseplay was a producing cause of the injury.
