Summary: For employers not covered by workers' compensation insurance, adds reporting data related to each work-related injury notification and any related benefits paid to the employee by the employer; and certification that the employer will not, before the 10th day after the date of the accrual of an employee's cause of action against the employer to recover damages for personal injury or death sustained by the employee in the course and scope of the employee's employment, enter into a contract with the employee that affects a procedural or substantive right of the employee to recover damages in that action.

HB 34 by Leibowitz
Caption: Relating to the enforceability of certain contracts between an employer who does not have worker's compensation coverage and an employee of the employer.

Summary: Relates to the enforceability of contracts between an employer who does not have workers' compensation coverage and an employee of the employer, amends section 1, Section 406.033 of the Labor Code. Adds that a contract entered into between an employer who does not have workers' compensation coverage and an employee of the employer is unconscionable and unenforceable if the contract affects a procedural or substantive right of the employee to recover damages for personal injury or death sustained by the employee in the course and scope of the employee's employment; and is entered into before the 10th day after the date the cause of action against the employer arises.

HB 35 by Leibowitz
Caption: Relating to reporting requirements for employers not covered by worker's compensation insurance.

Summary: Each year, an employer who does not obtain or otherwise provide workers' compensation insurance coverage shall report to the division each work-related injury sustained by an employee of the employer during the preceding year that resulted in the employee being absent from one or more days of work, a modification of the employee's work assignment, or a medical diagnosis of a significant occupational injury or disease, or required medical treatment beyond first aid. The employer shall report to the division the total cost of medical treatment, the portion of the cost of medical treatment paid for or provided by the employer, the number of days the employee was absent from work, the amount of any salary replacement paid by the employer, and the amount of any other settlement paid by the employer.

HB 520 by Giddings
Caption: Relating to workers' compensation insurance coverage under certain agreements and to liability of third parties for an injury to an employee.

Summary: HB 520 deals with Supreme Court's Entergy decision. The bill includes 'principal contractor' 'original contractor,' 'prime contractor,' or other analogous term definitions. The bill defines "principal" as "a person who enters into a contract or other agreement with a general contractor for the benefit of the person for the performance of work or a service in accordance with the terms of the contract or agreement." The new Section 406.128 that HB 520 would add to the Labor Code "specifically provides that a principal, who enters into a contract with a general contractor for the principal's own benefit, does not become the employer of the general contractor's employees by virtue of the contract."

SB 180 by Gallegos
Caption: Relating to the creation of a state occupational health and safety plan; establishing a maintenance tax.

Summary: Creates a state occupational health and safety plan and establishes a statewide maintenance tax.

SB 377 by Van de Putte
Caption:  Relates to eligibility for unemployment compensation benefits based on the claimant's availability to do part-time work.

Summary: Establishes that for labor code purposes an individual is available for work even if the individual is available only for part-time work if the individual establishes to the satisfaction of the commission that the individual has a legitimate reason to limit the individual's employment to part-time work and the individual's last work was part-time work. 

SB 378 by Van de Putte
Caption: Relating to the designated doctor's examination under the workers' compensation system.

Summary: An injured employee can use the treating doctor or a referal doctor for the designated doctor exam if it is the first impairment rating exam. 

SB 394 by Lucio
Caption: Relates to the appointment of an attorney for a workers' compensation claimant in certain proceedings initiated by a workers' compensation insurance carrier.

Summary: In a trial initiated by an insurance carrier at the request of the claimant the court shall appoint an attorney to represent the claimant before the court.  The court may hold a pretrial hearing to determine whether the claimant made a good faith effort to obtain representation by an attorney before the appointment of an attorney. The insurance carrier is liable for the attorney's reasonable and necessary fees on any issue on which the claimant prevails.  The claimant attorney may not bill for more hours than the hours the carrier attorney billed. The subsequent injury fund is liable for the attorney's reasonable and necessary fees on any issue on which the insurance carrier prevails.

SB 442 by Lucio
Caption:  Relates to the receipt of death benefits in the workers' compensation system.

Summary: Adds that failure to file a claim in the time required for death benefits bars the claim unless good cause exists for the failure to file a claim. Currently, compelling proof must be submitted.

Click here to view TMA's one-pager on workers' compensation.