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

Tex. Lab. Code § 408.021 (2026)

Entitlement To Medical Benefits

✓ current as of May 2026
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Sec. 408.021. ENTITLEMENT TO MEDICAL BENEFITS. (a) An employee who sustains a compensable injury is entitled to all health care reasonably required by the nature of the injury as and when needed. The employee is specifically entitled to health care that:

(1) cures or relieves the effects naturally resulting from the compensable injury;

(2) promotes recovery; or

(3) enhances the ability of the employee to return to or retain employment.

(b) Medical benefits are payable from the date of the compensable injury.

(c) Except in an emergency, all health care must be approved or recommended by the employee's treating doctor.

(d) An insurance carrier's liability for medical benefits may not be limited or terminated by agreement or settlement.

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

Notes of Decisions
Cited in 39 cases (3 in the last 5 years), 1995–2024 · leading case: Texas Workers' Comp. Comm'n v. Garcia, 893 S.W.2d 504 (Tex. 1995).
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Texas Workers' Comp. Comm'n v. Garcia, 893 S.W.2d 504 (Tex. 1995). · cites it 2× “Tex.Lab.Code § 408.021. It also mandates four levels of income benefits: 1) temporary income benefits; 2) impairment income benefits; 3) supplemental income benefits; and 4) lifetime benefits.”
State v. Paul Reed Harper, 562 S.W.3d 1 (Tex. 2018). “at 529 (citing TEX. LAB. CODE § 408.021(c) ). Finding the Reata rule inapplicable, we "reversed the trial court's award of attorney fees.”
Saenz v. Fid. & Guar. Ins. Underwriters, 925 S.W.2d 607 (Tex. 1996). · cites it 2× “Tex. Lab.Code § 408.021(a)(formerly Tex.Rev.”
Medina v. Herrera, 927 S.W.2d 597 (Tex. 1996). · cites it 2× “See TEX.LAB.CODE § 408.021. The trial court granted summary judgment for both defendants on March 11, 1994.”
Gregson v. Zurich Am. Ins., 322 F.3d 883 (5th Cir. 2003). “” Tex. LaboR Code § 408.021. It is clear from the record that Gregson was in need of Levaquin after his surgery, and that it was not an unreasonable treatment.”
In Re Liberty Mut. Fire Ins., 295 S.W.3d 327 (Tex. 2009). “Tex. Lab.Code § 408.021(a), (d). But while Nickelson (as all other workers) remained entitled to medical care, disputes about whether further care was reasonably required had to be pursued administratively; the settlement said nothing about dispensing with that.”
State Off. of Risk Mgmt. v. Carty, 436 S.W.3d 298 (Tex. 2014). · cites it 2× “See Tex. Lab.Code §§ 408.021, 408.081, 408.101, 408.”
Fulton v. Associated Indem. Corp., 46 S.W.3d 364 (Tex. App. 2001). “See Tex.Lab.Code Ann. § 408.021(a) (West 1996) (providing medical benefits for health care “as and when needed”).”
Cigna Ins. Co. of Texas v. Rubalcada, 960 S.W.2d 408 (Tex. App. 1998). “Laws 1 , 114 (current version at Tex Lab.Code § 408.021 (1996)).”
Castellow v. Swiftex Mfg. Corp., 33 S.W.3d 890 (Tex. App. 2001). “Tex.Lab.Code Ann. § 408.021(a) (West 1996).”
Texas Builders Ins. Co. v. Molder, 311 S.W.3d 513 (Tex. App. 2009). “Tex.Lab.Code Ann. § 408.142(a); Fulton, 46 S.”
City of Houston v. Christopher A. Rhule, 377 S.W.3d 734 (Tex. App. 2012). · cites it 2× “” Tex. Labor Code Ann. § 408.021 (a) (Vernon 2006).”
Show all 39 citing cases →
— Tex. Lab. Code § 408.021(a) — 12 cases
Saenz v. Fid. & Guar. Ins. Underwriters, 925 S.W.2d 607 (Tex. 1996). “Tex. Lab.Code § 408.021(a)(formerly Tex.Rev.”
In Re Liberty Mut. Fire Ins., 295 S.W.3d 327 (Tex. 2009). “Tex. Lab.Code § 408.021(a), (d). But while Nickelson (as all other workers) remained entitled to medical care, disputes about whether further care was reasonably required had to be pursued administratively; the settlement said nothing about dispensing with that.”
Fulton v. Associated Indem. Corp., 46 S.W.3d 364 (Tex. App. 2001). “See Tex.Lab.Code Ann. § 408.021(a) (West 1996) (providing medical benefits for health care “as and when needed”).”
Castellow v. Swiftex Mfg. Corp., 33 S.W.3d 890 (Tex. App. 2001). “Tex.Lab.Code Ann. § 408.021(a) (West 1996).”
Texas Builders Ins. Co. v. Molder, 311 S.W.3d 513 (Tex. App. 2009). “Tex.Lab.Code Ann. § 408.142(a); Fulton, 46 S.”
— Tex. Lab. Code § 408.021(c) — 2 cases
State v. Paul Reed Harper, 562 S.W.3d 1 (Tex. 2018). “at 529 (citing TEX. LAB. CODE § 408.021(c) ). Finding the Reata rule inapplicable, we "reversed the trial court's award of attorney fees.”
State v. Paul Reed Harper (Tex. 2018).
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