Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 408. WORKERS' COMPENSATION BENEFITS
Texas Codes

Tex. Lab. Code § 408.001 (2026)

Exclusive Remedy; Exemplary Damages

✓ current as of May 2026
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Sec. 408.001. EXCLUSIVE REMEDY; EXEMPLARY DAMAGES. (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).

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

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.077, eff. September 1, 2005.

Notes of Decisions
Cited in 424 cases (84 in the last 5 years), 1994–2026 · leading case: Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009).
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Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009). · cites it 8× “TEX. LAB.CODE § 408.001. The judgment of the court of appeals is reversed *445 and a take-nothing judgment is rendered in favor Entergy.”
Lee Lewis Constr., Inc. v. Harrison, 70 S.W.3d 778 (Tex. 2002). · cites it 6× “"(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.”
Fairfield Ins. Co. v. Stephens Martin Paving, LP, 246 S.W.3d 653 (Tex. 2008). · cites it 8× “TEX. LAB.CODE § 408.001. An employee who does not "opt out" of the workers' compensation system waives claims not provided by the Act.”
Wingfoot Enter. v. Alvarado, 111 S.W.3d 134 (Tex. 2003). · cites it 6× “NOTES [1] See Tex. Lab.Code § 408.001. [2] 53 S.W.3d 720 .”
TIC Energy & Chem., Inc. v. Martin, 498 S.W.3d 68 (Tex. 2016). · cites it 4× “Tex. Lab. Code § 408.001. . Id. § 406.122(a), (b).”
Medina v. Herrera, 927 S.W.2d 597 (Tex. 1996). · cites it 8× “See TEX.LAB.CODE § 408.001. [2] Thus, while the remedies would not be factually inconsistent, they would still be mutually exclusive for purposes of the election of remedies doctrine.”
Wagner v. FedEx Freight, Inc., 315 F. Supp. 3d 916 (N.D. Tex. 2018). · cites it 12× “In *919 response, Defendant argues that Plaintiffs did not plead a cause of action pursuant to Texas Labor Code § 408.001 in their Original Petition; thus, their claim cannot "arise under" Texas's workers' compensation laws.”
Texas Mut. Ins. Co. v. Ruttiger, 381 S.W.3d 430 (Tex. 2012). · cites it 3× “The exclusivity provision of the new Act provides that “[rjecovery of workers’ compensation benefits is the exclusive remedy of an employee covered by workers’ compensation insurance coverage .”
R & R Contractors v. Torres, 88 S.W.3d 685 (Tex. App. 2002). · cites it 6× “3 TEX. LAB. CODE ANN. § 408.001 (Vernon 1996).”
Ross v. Union Carbide Corp., 296 S.W.3d 206 (Tex. App. 2009). · cites it 6× “They specified they brought this claim pursuant to article XVI, section 26 of the Texas Constitution and the Workers' Compensation Act, Texas Labor Code section 408.001(b). Marjorie also raised a claim for loss of consortium.”
In Re Texas Mut. Ins. Co., 157 S.W.3d 75 (Tex. App. 2004). · cites it 5× “Tex. Lab.Code Ann. § 408.001(a) (West 1996).”
W. Steel Co., Inc. v. Altenburg, 169 S.W.3d 347 (Tex. App. 2005). · cites it 10× “In light of Garza , I would remand for further consideration by the trial court as to whether or not Western Steel, even if Alternburg were its borrowed servant, adequately tendered evidence entitling it to claim protection under the workers' compensation exclusive remedy bar.”
Show all 424 citing cases →
— Tex. Lab. Code § 408.001(A) — 1 case
Cooper v. Wal-Mart Transp., LLC, 662 F. Supp. 2d 757 (S.D. Tex. 2009).
— Tex. Lab. Code § 408.001(a) — 215 cases
Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009). “TEX. LAB.CODE § 408.001. The judgment of the court of appeals is reversed *445 and a take-nothing judgment is rendered in favor Entergy.”
TIC Energy & Chem., Inc. v. Martin, 498 S.W.3d 68 (Tex. 2016). “Tex. Lab. Code § 408.001. . Id. § 406.122(a), (b).”
In Re Texas Mut. Ins. Co., 157 S.W.3d 75 (Tex. App. 2004). “Tex. Lab.Code Ann. § 408.001(a) (West 1996).”
In Re Poly-Am., L.P., 262 S.W.3d 337 (Tex. 2008).
Transcontinental Ins. Co. v. Crump, 330 S.W.3d 211 (Tex. 2010).
— Tex. Lab. Code § 408.001(b) — 45 cases
Ross v. Union Carbide Corp., 296 S.W.3d 206 (Tex. App. 2009). “They specified they brought this claim pursuant to article XVI, section 26 of the Texas Constitution and the Workers' Compensation Act, Texas Labor Code section 408.001(b). Marjorie also raised a claim for loss of consortium.”
Lee Lewis Constr., Inc. v. Harrison, 70 S.W.3d 778 (Tex. 2002). “"(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.”
Wagner v. FedEx Freight, Inc., 315 F. Supp. 3d 916 (N.D. Tex. 2018). “In *919 response, Defendant argues that Plaintiffs did not plead a cause of action pursuant to Texas Labor Code § 408.001 in their Original Petition; thus, their claim cannot "arise under" Texas's workers' compensation laws.”
Fairfield Ins. Co. v. Stephens Martin Paving, LP, 246 S.W.3d 653 (Tex. 2008). “TEX. LAB.CODE § 408.001. An employee who does not "opt out" of the workers' compensation system waives claims not provided by the Act.”
Humble Sand & Gravel, Inc. v. Gomez, 146 S.W.3d 170 (Tex. 2004).
— Tex. Lab. Code § 408.001(c) — 2 cases
Lee Lewis Constr., Inc. v. Harrison, 70 S.W.3d 778 (Tex. 2002). “"(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.”
Am. Int'l Specialty Lines Ins. v. Rentech Steel, L.L.C., 620 F.3d 558 (5th Cir. 2010).
— Tex. Lab. Code § 408.001(d) — 2 cases
Berry Contracting, L.P. v. Mann, 549 S.W.3d 314 (Tex. App. 2018).
Rodriguez v. Blaine Larsen Farms, Inc. (N.D. Tex. 2022).
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