Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 417. THIRD-PARTY LIABILITY
Texas Codes

Tex. Lab. Code § 417.001 (2026)

Third-party Liability

✓ current as of May 2026
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Sec. 417.001. THIRD-PARTY LIABILITY. (a) An employee or legal beneficiary may seek damages from a third party who is or becomes liable to pay damages for an injury or death that is compensable under this subtitle and may also pursue a claim for workers' compensation benefits under this subtitle.

(b) If a benefit is claimed by an injured employee or a legal beneficiary of the employee, the insurance carrier is subrogated to the rights of the injured employee and may enforce the liability of the third party in the name of the injured employee or the legal beneficiary. The insurance carrier's subrogation interest is limited to the amount of the total benefits paid or assumed by the carrier to the employee or the legal beneficiary, less the amount by which the court reduces the judgment based on the percentage of responsibility determined by the trier of fact under Section 33.003, Civil Practice and Remedies Code, attributable to the employer. If the recovery is for an amount greater than the amount of the insurance carrier's subrogation interest, the insurance carrier shall:

(1) reimburse itself and pay the costs from the amount recovered; and

(2) pay the remainder of the amount recovered to the injured employee or the legal beneficiary.

(c) If a claimant receives benefits from the subsequent injury fund, the division is:

(1) considered to be the insurance carrier under this section for purposes of those benefits;

(2) subrogated to the rights of the claimant; and

(3) entitled to reimbursement in the same manner as the insurance carrier.

(d) The division shall remit money recovered under this section to the comptroller for deposit to the credit of the subsequent injury fund.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 12.13, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 204, Sec. 4.09, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.285, eff. September 1, 2005.

Notes of Decisions
Cited in 96 cases (8 in the last 5 years), 1995–2025 · leading case: Argonaut Ins. Co. v. Baker, 87 S.W.3d 526 (Tex. 2002).
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Argonaut Ins. Co. v. Baker, 87 S.W.3d 526 (Tex. 2002). · cites it 10× “Tex. Lab.Code §§ 417.001, 417.002. The issue presented is whether allowing the carrier to be reimbursed for benefits paid from the deductible violates Insurance Code article 5.”
United States Fid. & Guar. Co. v. Goudeau, 272 S.W.3d 603 (Tex. 2008). · cites it 4× “[39] TEX. LAB.CODE § 417.001(b) ("[T]he insurance carrier is subrogated to the rights of the injured employee and may enforce the liability of the third party in the name of the injured employee or the legal beneficiary.”
Exxon Mobil Corp. v. the Ins. Co. of the State of Pennsylvania, 568 S.W.3d 650 (Tex. 2019). · cites it 3× “We therefore reverse the court of appeals' judgment and remand the case to that court to consider the Carrier's unaddressed issues.”
Medina v. Herrera, 927 S.W.2d 597 (Tex. 1996). · cites it 4× “TEX.LAB.CODE § 417.001. While "third party" is not statutorily defined, the Legislature could not have intended for it to include the employer, as an employee who receives compensation benefits for a covered injury is barred from suing the employer by the Act's exclusivity…”
Wingfoot Enter. v. Alvarado, 111 S.W.3d 134 (Tex. 2003). · cites it 2× “[26] Tex. Lab.Code § 417.001. [27] See Brown, 921 S.”
City of Corpus Christi v. Gomez, 141 S.W.3d 767 (Tex. App. 2004). · cites it 6× “See Tex. Lab.Code Ann. § 417.001 (Vernon Supp.”
New Hampshire Ins. Co., Sunsets West, Inc. & R. M. Pers., Inc. v. Luis Alberto Rodriguez, 569 S.W.3d 275 (Tex. App. 2019). · cites it 7× “001, which establishes the carrier’s subrogation rights; and TEX.LAB.CODE ANN. § 417.002, which deals with 28 carrier reimbursement.”
Wausau Underwriters Ins. Co. v. Wedel, 518 S.W.3d 615 (Tex. App. 2017). · cites it 6× “Tex. Lab. Code Ann. § 417.001 (a)(West 2015); State Office of Risk Mgmt.”
Yasuda Fire & Marine Ins. Co. of Am. v. Criaco, 225 S.W.3d 894 (Tex. App. 2007). · cites it 2× “See Tex. Lab.Code Ann. § 417.001(a), (b) (Vernon 2006); Tex.”
Reliance Ins. Co. v. Hibdon, 333 S.W.3d 364 (Tex. App. 2011). · cites it 2× “Tex. Lab.Code Ann. § 417.001 (West 2006).”
Russell v. Metro. Tr. Auth. of Harris Cty., 343 S.W.3d 825 (Tex. App. 2011). · cites it 4× “Tex. Lab.Code § 417.001(a). In such cases, the insurance carrier (Metro) 2 is subrogated to the rights of the employee for any benefits paid up to the amount of the total benefits paid by the carrier less the amount by which the court reduces the judgment based on the percentage…”
Texas Mut. Ins. Co. v. Ledbetter, 251 S.W.3d 31 (Tex. 2008). “Tex. Lab.Code § 417.001(b). 36 . See BHP Petroleum, 800 S.”
Show all 96 citing cases →
Tex. Lab. Code § 417.001(a): 22 cases
Yasuda Fire & Marine Ins. Co. of Am. v. Criaco, 225 S.W.3d 894 (Tex. App. 2007). “See Tex. Lab.Code Ann. § 417.001(a), (b) (Vernon 2006); Tex.”
Erivas v. State Farm Mut. Auto. Ins. Co., 141 S.W.3d 671 (Tex. App. 2004).
Union Carbide Corp. v. Smith, 313 S.W.3d 370 (Tex. App. 2010).
State Off. of Risk Mgmt. v. Carty, 436 S.W.3d 298 (Tex. 2014).
Univ. of Texas Health Sci. Ctr. at San Antonio v. Mata & Bordini, Inc., 2 S.W.3d 312 (Tex. App. 1999).
Tex. Lab. Code § 417.001(b): 36 cases
Argonaut Ins. Co. v. Baker, 87 S.W.3d 526 (Tex. 2002). “Tex. Lab.Code §§ 417.001, 417.002. The issue presented is whether allowing the carrier to be reimbursed for benefits paid from the deductible violates Insurance Code article 5.”
United States Fid. & Guar. Co. v. Goudeau, 272 S.W.3d 603 (Tex. 2008). “[39] TEX. LAB.CODE § 417.001(b) ("[T]he insurance carrier is subrogated to the rights of the injured employee and may enforce the liability of the third party in the name of the injured employee or the legal beneficiary.”
Exxon Mobil Corp. v. the Ins. Co. of the State of Pennsylvania, 568 S.W.3d 650 (Tex. 2019). “We therefore reverse the court of appeals' judgment and remand the case to that court to consider the Carrier's unaddressed issues.”
New Hampshire Ins. Co., Sunsets West, Inc. & R. M. Pers., Inc. v. Luis Alberto Rodriguez, 569 S.W.3d 275 (Tex. App. 2019). “001, which establishes the carrier’s subrogation rights; and TEX.LAB.CODE ANN. § 417.002, which deals with 28 carrier reimbursement.”
Texas Mut. Ins. Co. v. Ledbetter, 251 S.W.3d 31 (Tex. 2008). “Tex. Lab.Code § 417.001(b). 36 . See BHP Petroleum, 800 S.”
Tex. Lab. Code § 417.001(b)(1): 1 case
Texas Mut. Ins. Co. v. Maria Garcia & Anthony Garcia (Tex. App. 2019).
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