Tex. Labor Code Section 408.001
Exclusive Remedy; Exemplary Damages

(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 (Definitions), Civil Practice and Remedies Code.

(d)

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.

Source: Section 408.001 — Exclusive Remedy; Exemplary Damages, https://statutes.­capitol.­texas.­gov/Docs/LA/htm/LA.­408.­htm#408.­001 (accessed May 26, 2025).

408.001
Exclusive Remedy 408.002
Survival of Cause of Action 408.003
Reimbursable Employer Payments 408.004
Required Medical Examinations 408.005
Settlements and Agreements 408.006
Mental Trauma Injuries 408.007
Date of Injury for Occupational Disease 408.008
Compensability of Heart Attacks 408.021
Entitlement to Medical Benefits 408.022
Selection of Doctor 408.023
List of Approved Doctors 408.024
Noncompliance with Selection Requirements 408.025
Reports and Records Required from Health Care Providers 408.026
Spinal Surgery 408.027
Payment of Health Care Provider 408.028
Pharmaceutical Services 408.029
Nurse First Assistant Services 408.031
Workers’ Compensation Health Care Networks 408.0041
Designated Doctor Examination 408.041
Average Weekly Wage 408.0042
Medical Examination by Treating Doctor to Define Compensable Injury 408.042
Average Weekly Wage for Part-time Employee or Employee with Multiple Employment 408.043
Average Weekly Wage for Seasonal Employee 408.0043
Professional Specialty Certification Required for Certain Review 408.0044
Review of Dental Services 408.044
Average Weekly Wage for Minor, Apprentice, Trainee, or Student 408.045
Nonpecuniary Wages 408.0045
Review of Chiropractic Services 408.0046
Rules 408.046
Similar Employees, Services, or Employment 408.047
State Average Weekly Wage 408.061
Maximum Weekly Benefit 408.062
Minimum Weekly Income Benefit 408.063
Wage Presumptions 408.064
Interest on Accrued Benefits 408.081
Income Benefits 408.082
Accrual of Right to Income Benefits 408.083
Termination of Right to Temporary Income, Impairment Income, and Supplemental Income Benefits 408.084
Contributing Injury 408.085
Advance of Benefits for Hardship 408.101
Temporary Income Benefits 408.102
Duration of Temporary Income Benefits 408.103
Amount of Temporary Income Benefits 408.104
Maximum Medical Improvement After Spinal Surgery 408.105
Salary Continuation in Lieu of Temporary Income Benefits 408.121
Impairment Income Benefits 408.122
Eligibility for Impairment Income Benefits 408.123
Certification of Maximum Medical Improvement 408.124
Impairment Rating Guidelines 408.125
Dispute as to Impairment Rating 408.126
Amount of Impairment Income Benefits 408.127
Reduction of Impairment Income Benefits 408.128
Commutation of Impairment Income Benefits 408.129
Acceleration of Impairment Income Benefits 408.141
Award of Supplemental Income Benefits 408.142
Supplemental Income Benefits 408.143
Employee Statement 408.144
Computation of Supplemental Income Benefits 408.145
Payment of Supplemental Income Benefits 408.146
Termination of Supplemental Income Benefits 408.147
Contest of Supplemental Income Benefits by Insurance Carrier 408.148
Employee Discharge After Termination 408.149
Status Review 408.150
Vocational Rehabilitation 408.151
Medical Examinations for Supplemental Income Benefits 408.161
Lifetime Income Benefits 408.162
Subsequent Injury Fund Benefits 408.181
Death Benefits 408.182
Distribution of Death Benefits 408.183
Duration of Death Benefits 408.184
Redistribution of Death Benefits 408.185
Effect of Beneficiary Dispute 408.186
Burial Benefits 408.187
Autopsy 408.201
Benefits Exempt from Legal Process 408.202
Assignability of Benefits 408.203
Allowable Liens 408.221
Attorney’s Fees Paid to Claimant’s Counsel 408.0221
Request for Description of Employment 408.222
Attorney’s Fees Paid to Defense Counsel 408.0231
Maintenance of List of Approved Doctors 408.0251
Electronic Billing Requirements 408.0252
Underserved Areas 408.0271
Reimbursement by Health Care Provider 408.0272
Certain Exceptions for Untimely Submission of Claim 408.0281
Reimbursement for Pharmaceutical Services 408.0282
Requirements for Certain Informal or Voluntary Networks 408.0284
Reimbursement for Durable Medical Equipment and Home Health Care Services 408.0446
Average Weekly Wage 408.0815
Resolution of Overpayment or Underpayment of Income Benefits 408.1225
Designated Doctor 408.1415
Work Search Compliance Standards 408.1615
Lifetime Income Benefits for Certain First Responders
Green check means up to date. Up to date

Verified:
May 26, 2025

§ 408.001. Exclusive Remedy; Exemplary Damages's source at texas​.gov