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Tex. Lab. Code § 413.042

PRIVATE CLAIMS; ADMINISTRATIVE VIOLATION

Known as the Texas Workers' Compensation Act

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

Applied in 8 court decisions — leading case Daughters of Charity Health Services of Waco v. Linnstaedter (2007)

Most recently applied in Air Evac EMS v. Sullivan (August 2021)

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

How often courts cite this section

200520102020202120
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) A health care provider may not pursue a private claim against a workers' compensation claimant for all or part of the cost of a health care service provided to the claimant by the provider unless:

(1) the injury is finally adjudicated not compensable under this subtitle; or

(2) the employee violates Section 408.022 relating to the selection of a doctor and the doctor did not know of the violation at the time the services were rendered.

(b) A health care provider commits an administrative violation if the provider violates 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.