415.006
(a) An employer may not collect from an employee, directly or indirectly, a premium or other fee paid by the employer to obtain workers’ compensation insurance coverage, except as provided by Sections 406.123 and 406.144. (b) An employee or legal beneficiary of an employee has a right of action to recover damages against an employer […]
415.007
(a) An attorney who represents a claimant before the division may not lend money to the claimant during the pendency of the workers’ compensation claim. (b) The attorney may assist the claimant in obtaining financial assistance from another source if the attorney is not personally liable for the credit extended to the claimant. Acts 1993, […]
415.023
(a) A person who commits an administrative violation under Section 415.001, 415.002, 415.003, or 415.0035 as a matter of practice is subject to an applicable rule adopted under Subsection (b) in addition to the penalty assessed for the violation. (b) The commissioner may adopt rules providing for: (1) a reduction or denial of fees; (2) […]
415.024
A material and substantial breach of a settlement agreement that establishes a compliance plan is an administrative violation. In determining the amount of the penalty, the commissioner shall consider the total volume of claims handled by the insurance carrier. Added by Acts 1997, 75th Leg., ch. 1443, § 9, eff. Sept. 1, 1997. Amended by […]
415.031
Any person may request the initiation of administrative violation proceedings by filing a written allegation with the division. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 2005, 79th Leg., ch. 265, § 3.279, eff. Sept. 1, 2005.
416.001
An action taken by an insurance carrier under an order of the commissioner or recommendations of a benefit review officer under Section 410.031, 410.032, or 410.033 may not be the basis of a cause of action against the insurance carrier for a breach of the duty of good faith and fair dealing. Acts 1993, 73rd […]
417.001
(a) An employee or legal beneficiary may seek damages from a third party who is or becomes liable to pay damages for an injury or death that is compensable under this subtitle and may also pursue a claim for workers’ compensation benefits under this subtitle. (b) If a benefit is claimed by an injured employee […]
417.003
(a) An insurance carrier whose interest is not actively represented by an attorney in a third-party action shall pay a fee to an attorney representing the claimant in the amount agreed on between the attorney and the insurance carrier. In the absence of an agreement, the court shall award to the attorney payable out of […]
419.003
The commissioner may adopt rules relating to the regulation of the use of the division’s name and other rules as necessary to implement this chapter. Added by Acts 2005, 79th Leg., ch. 265, § 3.287, eff. Sept. 1, 2005.
419.004
(a) A person who violates Section 419.002 or a rule adopted under this chapter is liable for a civil penalty not to exceed $ 5,000 for each violation. (b) The attorney general, at the request of the commissioner, shall bring an action to collect a civil penalty under this section in a district court in […]