02 Sep 2016

Texas: Manufacturer Was Statutory Employer of Worker Supplied by Personnel Staffing Firm

Where a worker was employed by a subcontractor who supplied staff to an employer that set the worker’s schedule, assignments, and training, the employer was the worker’s statutory employer and, since it was a workers’ compensation subscriber, the employer was immune from suit following the worker’s injury. The court noted that the worker performed his work on the employer’s premises and alongside the employer’s other employees and had received workers’ compensation benefits from the subcontractor’s insurance carrier.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Texas Instruments, Inc. v. Udell, 2016 Tex. App. LEXIS 9456 (Aug. 25, 2016)

See generally Larson’s Workers’ Compensation Law, § 100.01.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law