Texas Workers' Compensation

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§ 112.102. Agreements between Motor Carriers and Owner Operators

(a) A motor carrier and an owner operator may enter into an agreement which requires the owner operator to assume the responsibilities of an employer for the performance of work.

(b) An agreement made under subsection (a) of this section shall be made at or before the time the contract for the work is made and shall:

(1) be in writing;

(2) state that the owner operator assumes the responsibilities of an employer for the performance of work;

(3) contain the signatures of both parties;

(4) indicate the date the agreement was made, the term the agreement will be effective, the estimated number of workers affected by the agreement, the federal tax identification number of the parties; and

(5) be provided to the insurance carrier of the motor carrier within 10 days of execution.

(c) A motor carrier and an owner operator may enter into an agreement under which the motor carrier provides workers’ compensation insurance coverage to the owner operator and the owner operator’s employees.

(d) An agreement made under subsection (c) of this section shall be made at or before the time the contract for the work is made and shall:

(1) be in writing;

(2) indicate whether the motor carrier will make a deduction for the premiums;

(3) contain the signatures of both parties;

(4) indicate the date the agreement was made, the term the agreement will be effective, the estimated number of workers affected by the agreement, the federal tax identification number of the parties; and

(5) be filed with the insurance carrier of the motor carrier within 10 days of execution.

(e) The workers’ compensation insurance coverage provided by the motor carrier under the agreement shall take effect no sooner than the date on which the agreement was executed and deductions for the premiums shall not be made for coverage provided prior to that date.

(f) The motor carrier shall be required to give the owner operator’s employees the notice required under the Texas Workers’ Compensation Act, §406.005, when such an agreement is made.

The provisions of this §112.102 adopted to be effective February 27, 1991, 16 TexReg 985; amended to be effective June 9, 2005, 30 TexReg 3230; amended to be effective April 15, 2018, 43 TexReg 2151.

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At a Glance:

Title:

§ 112.102. Agreements between Motor Carriers and Owner Operators

Title:

Title 28. Insurance

Status:

Current

Usage:

New Law Rule

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