Texas Labor Code ch. 408 -- Workers' Compensation Benefits, complete

What this document is

Texas Labor Code ch. 408 -- Workers' Compensation Benefits, complete (Secs. 408.001-408.222) is a state statute published by Texas Legislative Council (statutes.capitol.texas.gov; document host tcss.legis.texas.gov). It is one of the Texas documents that insurance license exam questions are written from, including texas property & casualty, texas claims adjuster practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• Tex. Labor Code § 408.161(a) (Lifetime Income Benefits)

  “Sec. 408.161. LIFETIME INCOME BENEFITS. (a) Lifetime income benefits are paid until the death of the employee for: (1) total and permanent loss of sight in both eyes; (2) loss of both feet at or above the ankle; (3) loss of both hands at or above the wrist; (4) loss of one foot at or above the...”

• Tex. Labor Code § 408.001(a), (b) (Exclusive Remedy; Exemplary Damages)

  “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...”

• Tex. Labor Code § 408.021(d) (Entitlement to Medical Benefits)

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

• Tex. Labor Code § 408.081(d) (Income Benefits)

  “(d) An employee's entitlement to income benefits under this chapter terminates on the death of the employee. An interest in future income benefits does not survive after the employee's death.”

• Tex. Labor Code § 408.008 (Compensability of Heart Attacks)

  “Sec. 408.008. COMPENSABILITY OF HEART ATTACKS. A heart attack is a compensable injury under this subtitle only if: (1) the attack can be identified as: (A) occurring at a definite time and place; and (B) caused by a specific event occurring in the course and scope of the employee's employment; (2)...”

• Tex. Labor Code § 408.001(d) (Exclusive Remedy; Exemplary Damages)

  “(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).”

• Tex. Labor Code § 408.082 (Accrual of Right to Income Benefits)

  “Sec. 408.082. ACCRUAL OF RIGHT TO INCOME BENEFITS. (a) Income benefits may not be paid under this subtitle for an injury that does not result in disability for at least one week. (b) If the disability continues for longer than one week, weekly income benefits begin to accrue on the eighth day after...”

• Tex. Labor Code § 408.041 (Average Weekly Wage)

  “Sec. 408.041. AVERAGE WEEKLY WAGE. (a) Except as otherwise provided by this subtitle, the average weekly wage of an employee who has worked for the employer for at least the 13 consecutive weeks immediately preceding an injury is computed by dividing the sum of the wages paid in the 13 consecutive...”

• Tex. Labor Code § 408.182(a), (b), (c) (Distribution of Death Benefits)

  “Sec. 408.182. DISTRIBUTION OF DEATH BENEFITS. (a) If there is an eligible child or grandchild and an eligible spouse, half of the death benefits shall be paid to the eligible spouse and half shall be paid in equal shares to the eligible children. If an eligible child has predeceased the employee,...”

• Tex. Labor Code § 408.003(d) (Employer Payments Not an Admission)

  “(d) Employer payments made under this section: (1) may not be construed as an admission of compensability; and (2) do not affect the payment of benefits from another source.”

• Tex. Labor Code § 408.004(b) (Required Medical Examinations)

  “(b) The commissioner may require an employee to submit to a medical examination at the request of the insurance carrier, but only after the insurance carrier has attempted and failed to receive the permission and concurrence of the employee for the examination.”

• Tex. Labor Code § 408.005(c) (Settlements and Agreements)

  “(c) A settlement or agreement resolving an issue of impairment: (1) may not be made before the employee reaches maximum medical improvement; and (2) must adopt an impairment rating using the impairment rating guidelines described by Section 408.124.”

Practice this material

Questions about this source

More Texas sources

• Texas Government Code ch. 2001 -- Administrative Procedure Act, complete (Secs. 2001.001-2001.903)State statute
• Texas Government Code Chapter 2253, Public Work Performance and Payment Bonds, complete: Subchapters A-D, Secs. 2253.001-2253.079State statute
• Tex. Ins. Code ch. 541: Unfair methods of competition and unfair or deceptive acts or practicesState statute
• Tex. Ins. Code ch. 1101: Life insurance required and prohibited policy provisionsState statute
• Tex. Ins. Code ch. 4001: Agent licensing in generalState statute
• Tex. Ins. Code ch. 4005: Conduct, disciplinary actions, and sanctionsState statute
• Tex. Ins. Code ch. 1201: Accident and health insurance policy provisionsState statute
• Texas Insurance Code Chapter 151, Consolidated Insurance Programs, complete: Subchapters A-D, Secs. 151.001-151.151State statute