{"data":{"id":"us-tx/tex.-labor-code-408.001","jurisdiction":"us-tx","citation":"Tex. Labor Code § 408.001","heading":"EXCLUSIVE REMEDY; EXEMPLARY DAMAGES.","body":"(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.\n(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.\n(c) In this section, \"gross negligence\" has the meaning assigned by Section 41.001, Civil Practice and Remedies Code.\n(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).\nActs 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.\nAmended by:\nActs 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.077, eff. September 1, 2005.","path":["LABOR CODE","TITLE 5. WORKERS' COMPENSATION","SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT","CHAPTER 408. WORKERS' COMPENSATION BENEFITS","SUBCHAPTER A. GENERAL PROVISIONS"],"source_url":"https://statutes.capitol.texas.gov/Docs/LA/htm/LA.408.htm#408.001","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:24Z","sha256":"c37ee74a1a5c6a8816087ad6ae2ccf2688c0a4ad128feb300f458b3cc5a5dc1d","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-labor-code-407a.465","next":"us-tx/tex.-labor-code-408.002"},"notice":"GroundRules: Original legal text. Not legal advice."}