Tex.
Labor Code Section 504.002
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 401.011 (General Definitions)(18) defining “employer” and 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)
Sections 406.006-406.009 and Subchapters B and D-G, Chapter 406 (Workers’ Compensation Insurance Coverage), other than Sections 406.033 (Common-law Defenses; Burden of Proof), 406.034 (Employee Election), 406.035 (Waiver of Compensation Prohibited), 406.091 (Exempt Employees; Voluntary Coverage), and 406.096 (Required Coverage for Certain Building or Construction Contractors);(6)
Chapter 408 (Workers’ Compensation Benefits), other than Sections 408.001 (Exclusive Remedy; Exemplary Damages)(b) and (c);(7)
Chapters 409-412;(8)
Chapter 413 (Medical Review), except as provided by Section 504.053 (Election);(9)
Chapters 414-417; and(10)
Chapter 451 (Discrimination Prohibited), subject to the limitations of Subsection (a-1).(a-1)
The liability of a political subdivision under Chapter 451 (Discrimination Prohibited) is limited to money damages in a maximum amount of $100,000 for each person aggrieved by and $300,000 for each single occurrence of a violation of that chapter. For purposes of this subsection, a single occurrence is considered to be a single employment policy or employment action that results in discrimination against or discharge of one or more employees concurrently.(b)
For the purpose of applying the provisions listed by Subsection (a) to this chapter, “employer” means “political subdivision.”(c)
Neither this chapter nor Subtitle A authorizes a cause of action or damages against a political subdivision or an employee of a political subdivision beyond the actions and damages authorized by Chapter 101 (Tort Claims), Civil Practice and Remedies Code.(d)
For the purpose of applying the provisions listed by Subsection (a), “written notice” to a political subdivision that self-insures, either individually or collectively through an interlocal agreement as described by Section 504.011 (Method of Providing Coverage), occurs only on written notice to the intergovernmental risk pool or other entity responsible for administering the claim.
Source:
Section 504.002 — Application of General Workers' Compensation Laws; Limit on Actions and Damages, https://statutes.capitol.texas.gov/Docs/LA/htm/LA.504.htm#504.002 (accessed Jun. 5, 2024).
