Article ID: 0b28829ad586d44ee2d2b37c3d549f1c3b51b96fbcf26b62d40f8e10fa71b088
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URL: https://www.businessinsurance.com/comp-exclusivity-bars-workers-assault-negligence-claims/
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Comp exclusivity bars worker’s assault, negligence claims - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Comp exclusivity bars worker’s assault, negligence claims by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Jul 23, 2026 A Texas appeals court ruled Tuesday that the state’s workers compensation law barred an industrial cleaning worker’s assault and negligence claims against his employer stemming from a fight with a crew leader. As documented in Garza v. USA DeBusk LLC , Francisco Garza worked as a hydroblast technician for USA DeBusk and became involved in a physical altercation with crew leader Kristian Holmes at a Shell Oil job site after they disagreed over when Mr. Garza should put on required protective equipment. USA DeBusk terminated both workers the following day for violating its workplace non-aggression policy. Mr. Garza sued USA DeBusk for assault, negligent hiring, supervision and retention, retaliation and other claims. The 14th Court of Appeals on Tuesday affirmed summary judgment, ruling that Mr. Garza did not dispute that he was a USA DeBusk employee when the incident occurred or that the company was a workers compensation subscriber. The Texas Workers’ Compensation Act therefore provided his exclusive remedy for work-related negligence claims. The court also rejected Mr. Garza’s argument that the law’s intentional-tort exception allowed his assault claim to proceed. Although Mr. Holmes was a crew leader, USA DeBusk presented evidence that he lacked authority to hire or fire employees or discipline Mr. Garza and therefore was not a company vice principal whose intentional conduct could be attributed to the employer. Mr. Garza’s retaliation claim under Chapter 21 of the Texas Labor Code also failed because reporting the fight and participating in the company’s investigation did not constitute protected activity under the Texas Human Rights Act. His testimony showed that the dispute involved protective equipment rather than alleged discrimination, the court said. 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