Texas Workers Compensation Act

    Title 5 - Texas Labor Code - Chapters 401-506

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TABLE OF CONTENTS

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LABOR CODE

SUBTITLE C. WORKERS' COMPENSATION INSURANCE COVERAGE FOR CERTAIN 
GOVERNMENT EMPLOYEES

CHAPTER 501. WORKERS' COMPENSATION INSURANCE COVERAGE FOR STATE 
EMPLOYEES, INCLUDING EMPLOYEES UNDER THE DIRECTION OR CONTROL OF 
THE BOARD OF REGENTS OF TEXAS TECH UNIVERSITY

SUBCHAPTER A. GENERAL PROVISIONS


	§ 501.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Division" means the division of workers' 
compensation of the Texas Department of Insurance.
		(2)  "Compensable injury" has the meaning assigned to 
that term under Subtitle A.
		(3)  "Director" means the director of the State Office 
of Risk Management.  
		(4)  "Office" means the State Office of Risk 
Management.                    
		(5)  "Employee" means a person who is:                                        
			(A)  in the service of the state pursuant to an 
election, appointment, or express oral or written contract of hire;
			(B)  paid from state funds but whose duties 
require that the person work and frequently receive supervision in 
a political subdivision of the state;
			(C)  a peace officer employed by a political 
subdivision, while the peace officer is exercising authority 
granted under:
				(i)  Article 2.12, Code of Criminal 
Procedure;  or                        
				(ii)  Articles 14.03(d) and (g), Code of 
Criminal Procedure;              
			(D)  a member of the state military forces, as 
defined by Section 431.001, Government Code, who is engaged in 
authorized training or duty;  or
			(E)  a Texas Task Force 1 member, as defined by 
Section 88.301, Education Code, who is activated by the governor's 
division of emergency management or is injured during any training 
session sponsored or sanctioned by Texas Task Force 1.
		(6)  "State agency" includes a department, board, 
commission, or institution of this state.
		(7)  "Board" means the risk management board.                                 

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 1997, 75th Leg., ch. 1098, § 2, eff. Sept. 1, 1997;  Acts 
1999, 76th Leg., ch. 1205, § 5, eff. Sept. 1, 1999;  Acts 2001, 
77th Leg., ch. 1456, § 14.02, eff. June 17, 2001;  Acts 2003, 
78th Leg., ch. 644, § 3, eff. June 20, 2003;  Acts 2005, 79th 
Leg., ch. 265, § 3.288, eff. Sept. 1, 2005.


	§ 501.002. APPLICATION OF GENERAL WORKERS' COMPENSATION 
LAWS;  LIMIT ON ACTIONS AND DAMAGES.  (a) The following provisions 
of Subtitles A and B  apply to and are included in this chapter 
except to the extent that they are inconsistent with this chapter:
		(1)  Chapter 401, other than Section 401.012 defining 
"employee";           
		(2)  Chapter 402;                                                             
		(3)  Chapter 403, other than Sections 403.001-403.005;                        
		(4)  Chapters 404 and 405;                                                    
		(5)  Subchapters B and D through H, Chapter 406, other 
than Sections 406.071(a), 406.073, and 406.075;
		(6)  Chapter 408, other than Sections 408.001(b) and 
(c);                   
		(7)  Chapters 409 and 410;                                                    
		(8)  Subchapters A and G, Chapter 411, other than 
Sections 411.003 and 411.004;
		(9)  Chapters 412-417;  and                                                   
		(10)  Chapter 451.                                                            
	(b)  For the purposes of this chapter and Chapter 451, the 
individual state agency shall be considered the employer.
	(c)  For the purpose of applying the provisions listed by 
Subsection (a) to this chapter, "insurer" or "employer" means 
"state," "office," "director," or "state agency," as applicable.
	(d)  Neither this chapter nor Subtitle A authorizes a cause 
of action or damages against the state, a state agency, or an 
employee of the state beyond the actions and damages authorized by 
Chapter 101, Civil Practice and Remedies Code.
	(e)  For the purposes of this chapter and Chapter 451, the 
adjutant general is considered the employer of a member of the state 
military forces while engaged in authorized training or duty.
	(f)  For purposes of this chapter and Subchapter D, Chapter 
88, Education Code, the Texas Engineering Extension Service of The 
Texas A&M University System shall perform all duties of an employer 
in relation to a Texas Task Force 1 member who is injured and 
receives benefits under this chapter.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 1995, 74th Leg., ch. 980, § 2.01, eff. Sept. 1, 1995;  
Acts 1997, 75th Leg., ch. 1098, § 3, eff. Sept. 1, 1997;  Acts 
1999, 76th Leg., ch. 1205, § 6, eff. Sept. 1, 1999;  Acts 2003, 
78th Leg., ch. 644, § 4, eff. June 20, 2003;  Acts 2005, 79th 
Leg., ch. 265, § 3.289, eff. Sept. 1, 2005.


	§ 501.003. LEGAL BENEFICIARY OF DECEASED EMPLOYEE.  (a) 
The provisions of this chapter and the rules of the board affecting 
an employee also apply to the legal beneficiary of a deceased 
employee.
	(b)  In this section, "legal beneficiary" has the meaning 
assigned to that term under Section 401.011.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 1997, 75th Leg., ch. 1098, § 4, eff. Sept. 1, 1997.

SUBCHAPTER B. COVERAGE


	§ 501.021. WORKERS' COMPENSATION COVERAGE FOR 
EMPLOYEES.  An employee with a compensable injury is entitled to 
compensation by the director as provided by this chapter.

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


	§ 501.022. TEXAS TECH UNIVERSITY EMPLOYEES.  (a) An 
eligible employee of Texas Tech University, Texas Tech University 
Health Sciences Center, or another agency under the direction and 
control of the board of regents of Texas Tech University and Texas 
Tech University Health Sciences Center is entitled to participate 
in the workers' compensation program for state employees provided 
under this chapter.
	(b)  For purposes of this chapter, Texas Tech University is a 
state agency and shall act in the capacity of employer.
	(c)  For purposes of this chapter, Texas Tech University 
Health Sciences Center is a state agency and shall act in the 
capacity of employer.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 1995, 74th Leg., ch. 980, § 2.02, eff. Sept. 1, 1995.


	§ 501.024. EXCLUSIONS FROM COVERAGE.  The following 
persons are excluded from coverage as an employee under this 
chapter:
		(1)  a person performing personal services for the 
state as an independent contractor or volunteer;
		(2)  a person who at the time of injury was performing 
services for the federal government and who is covered by some form 
of federal workers' compensation insurance;
		(3)  a prisoner or inmate of a prison or correctional 
institution, other than a work program participant participating in 
a Texas Correctional Industries contract described by Section 
497.006, Government Code;
		(4)  a client or patient of a state agency;                                   
		(5)  a person employed by the Texas Department of 
Transportation who is covered under Chapter 505;
		(6)  a person employed by The University of Texas 
System who is covered by Chapter 503;  and
		(7)  a person employed by The Texas A&M University 
System who is covered by Chapter 502.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 1999, 76th Leg., ch. 1188, § 1.45, eff. Sept. 1, 1999;  
Acts 1999, 76th Leg., ch. 1205, § 7, eff. Sept. 1, 1999.


	§ 501.025. COVERAGE FOR OUT-OF-STATE EMPLOYEES.  (a) An 
employee who performs services outside the state is entitled to 
benefits under this chapter even if the person:
		(1)  is hired or not hired in this state;                                     
		(2)  does not work in this state;                                             
		(3)  works both in this state and out of state;                               
		(4)  is injured outside this state;  or                                       
		(5)  has been outside this state for more than one year.                      
	(b)  An employee who elects to pursue remedies provided by 
the state where the injury occurred is not entitled to benefits 
under this chapter.

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


	§ 501.026. COVERAGE FOR CERTAIN SERVICES PROVIDED BY 
VOLUNTEERS.  (a) In this section, "disaster" means an occurrence in 
which the governor has issued a declaration of a state of disaster 
under Chapter 418, Government Code, or another occurrence that 
initiates the state emergency management plan.
	(b)  A person not otherwise covered by workers' compensation 
insurance for the services performed under this section who 
performs volunteer services for the state in a disaster or in 
scheduled emergency response training under the direction of an 
officer or employee of the state is entitled to medical benefits 
under this chapter for an injury sustained by the person in the 
course of providing those services.  For purposes of this 
subsection, an injury is not sustained in the course of providing 
services in a disaster unless the injury occurs while the state of 
disaster may reasonably be considered to be in existence.
	(c)  A person employed by a political subdivision who is 
injured in the course of providing services described by Subsection 
(b) is entitled to benefits as provided by that subsection only if 
the services are performed outside the jurisdiction of the 
political subdivision by which the person is employed.
	(d)  A person entitled to benefits under this section may 
receive the benefits only if the person seeks medical attention 
from a doctor for the injury not later than 48 hours after the 
occurrence of the injury or after the date the person knew or should 
have known the injury occurred.  The person shall comply with the 
requirements of Section 409.001 by providing notice of the injury 
to the division or the state agency with which the officer or 
employee under Subsection (b) is associated.

Added by Acts 1999, 76th Leg., ch. 985, § 1, eff. June 18, 1999.  
Amended by Acts 2005, 79th Leg., ch. 265, § 3.290, eff. Sept. 1, 
2005.

SUBCHAPTER C. ADMINISTRATION


	§ 501.0431. COMPILATION OF STATISTICS RELATING TO 
FRAUD.  The director shall maintain statistics on the number, type, 
and disposition of fraudulent claims for medical benefits under 
this chapter.

Added by Acts 1997, 75th Leg., ch. 1153, § 6.02(b), eff. Sept. 1, 
1997.  


	§ 501.044. EFFECT OF SICK LEAVE;  ANNUAL LEAVE.  (a) An 
employee may elect to use accrued sick leave before receiving 
income benefits.  If an employee elects to use sick leave, the 
employee is not entitled to income benefits under this chapter 
until the employee has exhausted the employee's accrued sick leave.
	(b)  An employee may elect to use all or any number of weeks 
of accrued annual leave after the employee's accrued sick leave is 
exhausted.  If an employee elects to use annual leave, the employee 
is not entitled to income benefits under this chapter until the 
elected number of weeks of leave have been exhausted.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 1999, 76th Leg., ch. 953, § 2, eff. Sept. 1, 1999.


	§ 501.045. EFFECT OF EMERGENCY LEAVE.  (a) Payments for 
emergency leave authorized by the administrative head of a state 
agency in accordance with the General Appropriations Act for an 
employee receiving income benefits under this chapter may not:
		(1)  exceed for a month the amount computed by 
subtracting the amount of income benefits received for the month 
from the basic monthly wage of the employee;  and
		(2)  be paid for a period longer than six months after 
the date on which benefits begin.
	(b)  The administrative head authorizing the emergency leave 
payments shall review the merits of each case individually.
	(c)  If payment for emergency leave is authorized, the state 
agency shall attach a statement of the reasons for the 
authorization to its duplicate payroll voucher for the first 
payroll period affected by the leave.

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


	§ 501.046. REPORTS OF TERMINATION OR CONTINUATION OF 
INJURIES.  In addition to other reports required by the board, the 
director shall file a subsequent report not later than the 10th day 
after the date of the termination of the injured employee's 
incapacity.  If the employee's incapacity extends beyond 60 days, 
the director shall file a subsequent report before the 70th day 
after the date the employee's incapacity began.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 1997, 75th Leg., ch. 1098, § 5, eff. Sept. 1, 1997.


	§ 501.048. STATE AGENCY SUMMARY IN BUDGET REQUESTS.  Each 
state agency shall submit in the administrative statement of its 
biennial budget request a summary containing:
		(1)  the number of first reports of injury filed by the 
agency during the preceding biennium;
		(2)  the amount of workers' compensation indemnity and 
medical benefits paid to or for employees during the preceding 
biennium;
		(3)  the number of on-the-job injuries per 100 of its 
employees during each year of the preceding biennium;  and
		(4)  a description of the efforts made by the agency to 
increase job safety and to reduce job injuries, including the 
participation of the head of the agency and the executive staff of 
the agency in training programs offered by the division and others.

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


	§ 501.050. NOTICE OF APPEAL;  NOTICE OF TRIAL COURT 
JUDGMENT;  OFFENSE.  (a) In each case appealed from the division to 
a county or district court:
		(1)  the clerk of the court shall mail to the division:                       
			(A)  not later than the 20th day after the date the 
case is filed, a notice containing the style, number, and date of 
filing of the case;  and
			(B)  not later than the 20th day after the date the 
judgment is rendered, a certified copy of the judgment;  and
		(2)  the attorney preparing the judgment shall file the 
original and a copy of the judgment with the clerk.
	(b)  An attorney's failure to comply with Subsection (a)(2) 
does not excuse the failure of a county or district clerk to comply 
with Subsection (a)(1)(B).
	(c)  The clerk is not entitled to a fee for the services.                      
	(d)  A county or district clerk who violates this section 
commits an offense.  An offense under this subsection is a 
misdemeanor punishable by a fine not to exceed $250.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 2005, 79th Leg., ch. 265, § 3.291, eff. Sept. 1, 2005.


	§ 501.051. PAYMENT OF MEDICAL AND INDEMNITY 
BENEFITS.  Medical benefit and income benefit payments made by the 
office are subject to this subtitle and are exempt from Chapter 
2251, Government Code.

Added by Acts 1999, 76th Leg., ch. 953, § 3, eff. Sept. 1, 1999.