TX STATECourt of Appeals of Texas
2018

Austin Bridge & Rd., LP v. Suarez

556 S.W.3d 363Court of Appeals of Texas • Decided 2018Reversed

HOLDING

A worker died on a Baylor University construction project. His family sued Austin Bridge for $17 million in negligence. Austin Bridge won on appeal because the project had an owner-controlled insurance program (OCIP) that covered all contractors and subcontractors, including Austin Bridge. Under Texas law, workers' compensation benefits are the exclusive remedy—meaning the family couldn't sue for negligence once they received death benefits from the OCIP policy.

KEY FINDINGS

Insurance Requirements

If your project is covered by an OCIP that includes you as a subcontractor, you likely have an exclusive-remedy defense against negligence lawsuits from injured workers or their families.

Flow-Down

Make sure you're actually listed and covered under any OCIP before relying on it as a defense. Coverage gaps can eliminate this protection.

FULL COURT OPINION