Tex. Lab. Code § 408.001 · Subchapter A. GENERAL PROVISIONS
EXCLUSIVE REMEDY; EXEMPLARY DAMAGES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Recovery of workers' compensation benefits is the exclusive remedy of an employee covered by workers' compensation insurance coverage or a legal beneficiary against the employer or an agent or employee of the employer for the death of or a work-related injury sustained by the employee.
(b) This section does not prohibit the recovery of exemplary damages by the surviving spouse or heirs of the body of a deceased employee whose death was caused by an intentional act or omission of the employer or by the employer's gross negligence.
(c) In this section, "gross negligence" has the meaning assigned by Section 41.001, Civil Practice and Remedies Code.
(d) A determination under Section 406.032, 409.002, or 409.004 that a work-related injury is noncompensable does not adversely affect the exclusive remedy provisions under Subsection (a).
Notes and commentary — not statutory text
History
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.077, eff. September 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/LA/htm/LA.408.htm
- Text hash
- sha256 9ea119172bca5a5b39953ca1d463eb0d643db6a02cf5f49a14cef58e741987f9
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Civil Practice and Remedies Code
Labor Code
- Tex. Lab. Code § 406.032EXCEPTIONS.Printed as Section 406.032, 409.002, or 409.004
- Tex. Lab. Code § 409.002FAILURE TO FILE NOTICE OF INJURY.Printed as Section 406.032, 409.002, or 409.004
- Tex. Lab. Code § 409.004EFFECT OF FAILURE TO FILE CLAIM FOR COMPENSATION.Printed as Section 406.032, 409.002, or 409.004
Cited by 10 provisions
Provisions in this library whose text cites Tex. Lab. Code § 408.001. Each shows the citation as that text prints it.
Civil Practice and Remedies Code
Labor Code
- Tex. Lab. Code § 91.042WORKERS' COMPENSATION INSURANCE; ADMINISTRATIVE VIOLATION.Printed as Sections 406.005, 406.034, 408.001, and 411.032
- Tex. Lab. Code § 93.004WORKERS' COMPENSATION INSURANCE COVERAGE.Printed as Sections 406.034 and 408.001
- Tex. Lab. Code § 408.003REIMBURSABLE EMPLOYER PAYMENTS; SALARY CONTINUATION; OFFSET AGAINST INCOME BENEFITS; LIMITS.Printed as Section 408.001
- Tex. Lab. Code § 501.002APPLICATION OF GENERAL WORKERS' COMPENSATION LAWS; LIMIT ON ACTIONS AND DAMAGES.Printed as Sections 408.001(b)
- Tex. Lab. Code § 502.002APPLICATION OF GENERAL WORKERS' COMPENSATION LAWS; LIMIT ON ACTIONS AND DAMAGES.Printed as Sections 408.001(b)
- Tex. Lab. Code § 503.002APPLICATION OF GENERAL WORKERS' COMPENSATION LAWS; LIMIT ON ACTIONS AND DAMAGES.Printed as Sections 408.001(b)
- Tex. Lab. Code § 504.002APPLICATION OF GENERAL WORKERS' COMPENSATION LAWS; LIMIT ON ACTIONS AND DAMAGES.Printed as Sections 408.001(b)
- Tex. Lab. Code § 504.053ELECTION.Printed as Sections 408.001(b)
- Tex. Lab. Code § 505.002APPLICATION OF GENERAL WORKERS' COMPENSATION LAWS; LIMIT ON ACTIONS AND DAMAGES.Printed as Sections 408.001(b)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.