| In an action for damages brought by an injured employee, a legal beneficiary, or an insurance carrier against a third party liable to pay damages for the injury or death under this chapter that results in a judgment against the third party or a settlement by the third party, the employer is not liable to the third party for reimbursement or damages based on the judgment or settlement unless the employer executed, before the injury or death occurred, a written agreement with the third party to assume the liability.
Acts 1993, 73rd Leg., ch. 269, section 1, eff. Sept. 1, 1993.
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Relevant Case Law
Note: If employee suffers workers' compensation covered injury, employee can sue property owner under a negligence theory.
Note: Insufficient evidence presented to demonstrate that indemnity provision trumps exclusive remedy provisions.
Note: Where employer agrees to indemnify 3rd party before incident giving rise to liability occurs, employer not shielded by 408.001.
Note: 417.004 not preclusive of employer indemnification under Tex. Health and Safety Code.
Note: Under section 417.004 of the Texas Labor Code, a subscribing employer's written agreement to indemnify a person and that person's contractors can be enforced by one of those contractors even though the agreement was not executed by that contractor.
Note: Third party beneficiaries are not permissible indemnitees.
Note: Because indemnity provisions seek to shift the risk of one party's future negligence to the other party, Texas imposes a fair notice requirement before enforcing such agreements. The fair notice requirements are the express negligence doctrine and the conspicuousness requirement. Under the express negligence doctrine, an intent to indemnify one of the parties from the consequences of its own negligence, 'must be specifically stated in the four corners of the document.'
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