Texas Labor Code

Sec. § 408.001
Exclusive Remedy; Exemplary Damages


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.


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.


In this section, “gross negligence” has the meaning assigned by Section 41.001 (Definitions), Civil Practice and Remedies Code.


A determination under Section 406.032 (Exceptions), 409.002 (Failure to File Notice of Injury), or 409.004 (Effect of Failure to File Claim for Compensation) that a work-related injury is noncompensable does not adversely affect the exclusive remedy provisions under Subsection (a).
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.

Last accessed
Jun. 7, 2021