Tex.
Labor Code Section 501.002
Application of General Workers’ Compensation Laws; Limit on Actions and Damages
(a)
The following provisions of Subtitles A and B apply to and are included in this chapter except to the extent that they are inconsistent with this chapter:(1)
Chapter 401 (General Provisions), other than Section 401.012 (Definition of Employee) defining “employee”;(2)
Chapter 402 (Operation and Administration of Workers’ Compensation System);(3)
Chapter 403 (Division Financing), other than Sections 403.001-403.005;(4)
Chapters 404 (Office of Injured Employee Counsel) and 405 (Workers’ Compensation Research);(5)
Subchapters B and D through H, Chapter 406 (Workers’ Compensation Insurance Coverage), other than Sections 406.071 (Extraterritorial Coverage)(a), 406.073 (Agreement on Principal Location; Administrative Violation), and 406.075 (Effect of Compensation Paid in Other Jurisdiction);(6)
Chapter 408 (Workers’ Compensation Benefits), other than Sections 408.001 (Exclusive Remedy; Exemplary Damages)(b) and (c);(7)
Chapters 409 (Compensation Procedures) and 410 (Adjudication of Disputes);(8)
Subchapters A and G, Chapter 411 (Workers’ Health and Safety), other than Sections 411.003 (Immunity from Certain Liability) and 411.004 (Exclusive Remedy);(9)
Chapters 412-417; and(10)
Chapter 451 (Discrimination Prohibited).(b)
For the purposes of this chapter and Chapter 451 (Discrimination Prohibited), the individual state agency shall be considered the employer.(c)
For the purpose of applying the provisions listed by Subsection (a) to this chapter, “insurer” or “employer” means “state,” “office,” “director,” or “state agency,” as applicable.(d)
Neither this chapter nor Subtitle A authorizes a cause of action or damages against the state, a state agency, or an employee of the state beyond the actions and damages authorized by Chapter 101 (Tort Claims), Civil Practice and Remedies Code.(e)
For the purposes of this chapter and Chapter 451 (Discrimination Prohibited), the adjutant general is considered the employer of a member of the state military forces while engaged in authorized training or duty.(f)
For purposes of this chapter and Subchapter D (Definitions), Chapter 88 (Agencies and Services of the Texas a & M University System), Education Code, the Texas Engineering Extension Service of The Texas A&M University System shall perform all duties of an employer in relation to a Texas Task Force 1 member who is injured and receives benefits under this chapter.(g)
For purposes of this chapter and Section 88.126 (Workers’ Compensation Insurance Coverage: Intrastate Fire Mutual Aid System and Regional Incident Management Teams), Education Code, the Texas A&M Forest Service shall perform all duties of an employer in relation to an intrastate fire mutual aid system team member or a regional incident management team member who is injured and receives benefits under this chapter.
Source:
Section 501.002 — Application of General Workers' Compensation Laws; Limit on Actions and Damages, https://statutes.capitol.texas.gov/Docs/LA/htm/LA.501.htm#501.002 (accessed Jun. 5, 2024).
