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Tex. Lab. Code § 408.001

EXCLUSIVE REMEDY; EXEMPLARY DAMAGES

Known as the Texas Workers' Compensation Act

The act spans §§ 401–419 (623 sections).

Applied in 192 court decisions — leading case Entergy Gulf States, Inc. v. Summers (2009)

Most recently applied in MVT Services v. Great West Casualty Company (October 2024)

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff

How often courts cite this section

19942000201020202024130
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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).

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.