TX STATETexas Court of Appeals, 6th District (Texarkana)
1997

Williams v. Brown & Root, Inc.

947 S.W.2d 673Texas Court of Appeals, 6th District (Texarkana) • Decided 1997Enforced

HOLDING

A subcontractor's employee sued the general contractor for negligence after a workplace injury. The court ruled that because the general contractor provided workers' compensation insurance coverage to the subcontractor and its employees, the general contractor was immune from the lawsuit. The employee's only remedy was workers' compensation benefits. This means subcontractors and their workers cannot sue a general contractor for negligence if that contractor has provided workers' comp coverage.

KEY FINDINGS

Insurance Requirements

If a general contractor provides workers' compensation insurance for you and your employees, you cannot sue them for negligence—your only remedy is workers' comp benefits.

Flow-Down

Verify in your subcontract whether the GC is providing workers' comp coverage for your crew. If yes, understand this limits your legal options if someone gets hurt.

FULL COURT OPINION