Texas Statutes
Subtitle A - Texas Workers' Compensation Act
Chapter 408 - Workers' Compensation Benefits

Section 408.003. Reimbursable Employer Payments; Salary Continuation; Offset Against Income Benefits; Limits - Sec. 408.003. REIMBURSABLE EMPLOYER PAYMENTS; SALARY CONTINUATION; OFFSET AGAINST INCOME...

Section 408.004. Required Medical Examinations; Administrative Violation - Sec. 408.004. REQUIRED MEDICAL EXAMINATIONS; ADMINISTRATIVE VIOLATION. (a) The commissioner...

Section 408.0041. Designated Doctor Examination - Sec. 408.0041. DESIGNATED DOCTOR EXAMINATION. (a) At the request of...

Section 408.0042. Medical Examination by Treating Doctor to Define Compensable Injury - Sec. 408.0042. MEDICAL EXAMINATION BY TREATING DOCTOR TO DEFINE COMPENSABLE...

Section 408.0043. Professional Specialty Certification Required for Certain Review - Sec. 408.0043. PROFESSIONAL SPECIALTY CERTIFICATION REQUIRED FOR CERTAIN REVIEW. (a)...

Section 408.0044. Review of Dental Services - Sec. 408.0044. REVIEW OF DENTAL SERVICES. (a) This section applies...

Section 408.0045. Review of Chiropractic Services - Sec. 408.0045. REVIEW OF CHIROPRACTIC SERVICES. (a) This section applies...

Section 408.0046. Rules - Sec. 408.0046. RULES. The commissioner may adopt rules as necessary...

Section 408.005. Settlements and Agreements - Sec. 408.005. SETTLEMENTS AND AGREEMENTS. (a) A settlement may not...

Section 408.006. Mental Trauma Injuries - Sec. 408.006. MENTAL TRAUMA INJURIES. (a) It is the express...

Section 408.007. Date of Injury for Occupational Disease - Sec. 408.007. DATE OF INJURY FOR OCCUPATIONAL DISEASE. For purposes...

Section 408.008. Compensability of Heart Attacks - Sec. 408.008. COMPENSABILITY OF HEART ATTACKS. A heart attack is...

Subchapter B. Medical Benefits

Section 408.021. Entitlement to Medical Benefits - Sec. 408.021. ENTITLEMENT TO MEDICAL BENEFITS. (a) An employee who...

Section 408.022. Selection of Doctor - Sec. 408.022. SELECTION OF DOCTOR. (a) Except in an emergency,...

Section 408.0221. Request for Description of Employment - Sec. 408.0221. REQUEST FOR DESCRIPTION OF EMPLOYMENT. (a) This section...

Section 408.023. List of Approved Doctors; Duties of Treating Doctors - Sec. 408.023. LIST OF APPROVED DOCTORS; DUTIES OF TREATING DOCTORS....

Section 408.0231. Maintenance of List of Approved Doctors; Sanctions and Privileges Relating to Health Care - Sec. 408.0231. MAINTENANCE OF LIST OF APPROVED DOCTORS; SANCTIONS AND...

Section 408.024. Noncompliance With Selection Requirements - Sec. 408.024. NONCOMPLIANCE WITH SELECTION REQUIREMENTS. Except as otherwise provided,...

Section 408.025. Reports and Records Required From Health Care Providers - Sec. 408.025. REPORTS AND RECORDS REQUIRED FROM HEALTH CARE PROVIDERS....

Section 408.0251. Electronic Billing Requirements - Sec. 408.0251. ELECTRONIC BILLING REQUIREMENTS. (a) The commissioner, by rule...

Section 408.0252. Underserved Areas - Sec. 408.0252. UNDERSERVED AREAS. The commissioner by rule may identify...

Section 408.026. Spinal Surgery - Sec. 408.026. SPINAL SURGERY. Except in a medical emergency, an...

Section 408.027. Payment of Health Care Provider - Sec. 408.027. PAYMENT OF HEALTH CARE PROVIDER. (a) A health...

Section 408.0271. Reimbursement by Health Care Provider - Sec. 408.0271. REIMBURSEMENT BY HEALTH CARE PROVIDER. (a) If the...

Section 408.0272. Certain Exceptions for Untimely Submission of Claim - Sec. 408.0272. CERTAIN EXCEPTIONS FOR UNTIMELY SUBMISSION OF CLAIM. (a)...

Section 408.028. Pharmaceutical Services - Sec. 408.028. PHARMACEUTICAL SERVICES. (a) A physician providing care to...

Section 408.0281. Reimbursement for Pharmaceutical Services; Administrative Violation - Sec. 408.0281. REIMBURSEMENT FOR PHARMACEUTICAL SERVICES; ADMINISTRATIVE VIOLATION. (a) In...

Section 408.0282. Requirements for Certain Informal or Voluntary Networks - Sec. 408.0282. REQUIREMENTS FOR CERTAIN INFORMAL OR VOLUNTARY NETWORKS. (a)...

Section 408.0284. Reimbursement for Durable Medical Equipment and Home Health Care Services; Administrative Violation - Sec. 408.0284. REIMBURSEMENT FOR DURABLE MEDICAL EQUIPMENT AND HOME HEALTH...

Section 408.029. Nurse First Assistant Services - Sec. 408.029. NURSE FIRST ASSISTANT SERVICES. An insurance carrier may...

Section 408.031. Workers' Compensation Health Care Networks - Sec. 408.031. WORKERS' COMPENSATION HEALTH CARE NETWORKS. (a) Notwithstanding any...

Subchapter C. Computation of Average Weekly Wage

Section 408.041. Average Weekly Wage - Sec. 408.041. AVERAGE WEEKLY WAGE. (a) Except as otherwise provided...

Section 408.042. Average Weekly Wage for Part-Time Employee or Employee With Multiple Employment - Sec. 408.042. AVERAGE WEEKLY WAGE FOR PART-TIME EMPLOYEE OR EMPLOYEE...

Section 408.043. Average Weekly Wage for Seasonal Employee - Sec. 408.043. AVERAGE WEEKLY WAGE FOR SEASONAL EMPLOYEE. (a) For...

Section 408.044. Average Weekly Wage for Minor, Apprentice, Trainee, or Student - Sec. 408.044. AVERAGE WEEKLY WAGE FOR MINOR, APPRENTICE, TRAINEE, OR...

Section 408.0445. Average Weekly Wage for Members of State Military Forces, Texas Task Force 1, Intrastate Fire Mutual Aid System Teams, and Regional Incident Management Teams - Sec. 408.0445. AVERAGE WEEKLY WAGE FOR MEMBERS OF STATE MILITARY...

Section 408.0446. Average Weekly Wage; School District Employee - Sec. 408.0446. AVERAGE WEEKLY WAGE; SCHOOL DISTRICT EMPLOYEE. (a) For...

Section 408.045. Nonpecuniary Wages - Sec. 408.045. NONPECUNIARY WAGES. The division may not include nonpecuniary...

Section 408.046. Similar Employees, Services, or Employment - Sec. 408.046. SIMILAR EMPLOYEES, SERVICES, OR EMPLOYMENT. For purposes of...

Section 408.047. State Average Weekly Wage - Sec. 408.047. STATE AVERAGE WEEKLY WAGE. (a) On and after...

Subchapter D. Computation of Benefits

Section 408.061. Maximum Weekly Benefit - Sec. 408.061. MAXIMUM WEEKLY BENEFIT. (a) A weekly temporary income...

Section 408.062. Minimum Weekly Income Benefit - Sec. 408.062. MINIMUM WEEKLY INCOME BENEFIT. (a) The minimum weekly...

Section 408.063. Wage Presumptions; Administrative Violation - Sec. 408.063. WAGE PRESUMPTIONS; ADMINISTRATIVE VIOLATION. (a) To expedite the...

Section 408.064. Interest on Accrued Benefits - Sec. 408.064. INTEREST ON ACCRUED BENEFITS. (a) An order to...

Subchapter E. Income Benefits in General

Section 408.081. Income Benefits - Sec. 408.081. INCOME BENEFITS. (a) An employee is entitled to...

Section 408.0815. Resolution of Overpayment or Underpayment of Income Benefits - Sec. 408.0815. RESOLUTION OF OVERPAYMENT OR UNDERPAYMENT OF INCOME BENEFITS....

Section 408.082. Accrual of Right to Income Benefits - Sec. 408.082. ACCRUAL OF RIGHT TO INCOME BENEFITS. (a) Income...

Section 408.083. Termination of Right to Temporary Income, Impairment Income, and Supplemental Income Benefits - Sec. 408.083. TERMINATION OF RIGHT TO TEMPORARY INCOME, IMPAIRMENT INCOME,...

Section 408.084. Contributing Injury - Sec. 408.084. CONTRIBUTING INJURY. (a) At the request of the...

Section 408.085. Advance of Benefits for Hardship - Sec. 408.085. ADVANCE OF BENEFITS FOR HARDSHIP. (a) If there...

Subchapter F. Temporary Income Benefits

Section 408.101. Temporary Income Benefits - Sec. 408.101. TEMPORARY INCOME BENEFITS. (a) An employee is entitled...

Section 408.102. Duration of Temporary Income Benefits - Sec. 408.102. DURATION OF TEMPORARY INCOME BENEFITS. (a) Temporary income...

Section 408.103. Amount of Temporary Income Benefits - Sec. 408.103. AMOUNT OF TEMPORARY INCOME BENEFITS. (a) Subject to...

Section 408.104. Maximum Medical Improvement After Spinal Surgery - Sec. 408.104. MAXIMUM MEDICAL IMPROVEMENT AFTER SPINAL SURGERY. (a) On...

Section 408.105. Salary Continuation in Lieu of Temporary Income Benefits - Sec. 408.105. SALARY CONTINUATION IN LIEU OF TEMPORARY INCOME BENEFITS....

Subchapter G. Impairment Income Benefits

Section 408.121. Impairment Income Benefits - Sec. 408.121. IMPAIRMENT INCOME BENEFITS. (a) An employee's entitlement to...

Section 408.122. Eligibility for Impairment Income Benefits - Sec. 408.122. ELIGIBILITY FOR IMPAIRMENT INCOME BENEFITS. A claimant may...

Section 408.1225. Designated Doctor - Sec. 408.1225. DESIGNATED DOCTOR. (a) To be eligible to serve...

Section 408.123. Certification of Maximum Medical Improvement; Evaluation of Impairment Rating - Sec. 408.123. CERTIFICATION OF MAXIMUM MEDICAL IMPROVEMENT; EVALUATION OF IMPAIRMENT...

Section 408.124. Impairment Rating Guidelines - Sec. 408.124. IMPAIRMENT RATING GUIDELINES. (a) An award of an...

Section 408.125. Dispute as to Impairment Rating - Sec. 408.125. DISPUTE AS TO IMPAIRMENT RATING. (a) If an...

Section 408.126. Amount of Impairment Income Benefits - Sec. 408.126. AMOUNT OF IMPAIRMENT INCOME BENEFITS. Subject to Sections...

Section 408.127. Reduction of Impairment Income Benefits - Sec. 408.127. REDUCTION OF IMPAIRMENT INCOME BENEFITS. (a) An insurance...

Section 408.128. Commutation of Impairment Income Benefits - Sec. 408.128. COMMUTATION OF IMPAIRMENT INCOME BENEFITS. (a) An employee...

Section 408.129. Acceleration of Impairment Income Benefits - Sec. 408.129. ACCELERATION OF IMPAIRMENT INCOME BENEFITS. (a) On approval...

Subchapter H. Supplemental Income Benefits

Section 408.141. Award of Supplemental Income Benefits - Sec. 408.141. AWARD OF SUPPLEMENTAL INCOME BENEFITS. An award of...

Section 408.1415. Work Search Compliance Standards - Sec. 408.1415. WORK SEARCH COMPLIANCE STANDARDS. (a) The commissioner by...

Section 408.142. Supplemental Income Benefits - Sec. 408.142. SUPPLEMENTAL INCOME BENEFITS. (a) An employee is entitled...

Section 408.143. Employee Statement - Sec. 408.143. EMPLOYEE STATEMENT. (a) After the commissioner's initial determination...

Section 408.144. Computation of Supplemental Income Benefits - Sec. 408.144. COMPUTATION OF SUPPLEMENTAL INCOME BENEFITS. (a) Supplemental income...

Section 408.145. Payment of Supplemental Income Benefits - Sec. 408.145. PAYMENT OF SUPPLEMENTAL INCOME BENEFITS. An insurance carrier...

Section 408.146. Termination of Supplemental Income Benefits; Reinitiation - Sec. 408.146. TERMINATION OF SUPPLEMENTAL INCOME BENEFITS; REINITIATION. (a) If...

Section 408.147. Contest of Supplemental Income Benefits by Insurance Carrier; Attorney's Fees - Sec. 408.147. CONTEST OF SUPPLEMENTAL INCOME BENEFITS BY INSURANCE CARRIER;...

Section 408.148. Employee Discharge After Termination - Sec. 408.148. EMPLOYEE DISCHARGE AFTER TERMINATION. The commissioner may reinstate...

Section 408.149. Status Review; Benefit Review Conference - Sec. 408.149. STATUS REVIEW; BENEFIT REVIEW CONFERENCE. (a) Not more...

Section 408.150. Vocational Rehabilitation - Sec. 408.150. VOCATIONAL REHABILITATION. (a) The division shall refer an...

Section 408.151. Medical Examinations for Supplemental Income Benefits - Sec. 408.151. MEDICAL EXAMINATIONS FOR SUPPLEMENTAL INCOME BENEFITS. (a) On...

Subchapter I. Lifetime Income Benefits

Section 408.161. Lifetime Income Benefits - Sec. 408.161. LIFETIME INCOME BENEFITS. (a) Lifetime income benefits are...

Section 408.162. Subsequent Injury Fund Benefits - Sec. 408.162. SUBSEQUENT INJURY FUND BENEFITS. (a) If a subsequent...

Subchapter J. Death and Burial Benefits

Section 408.181. Death Benefits - Sec. 408.181. DEATH BENEFITS. (a) An insurance carrier shall pay...

Section 408.182. Distribution of Death Benefits - Sec. 408.182. DISTRIBUTION OF DEATH BENEFITS. (a) If there is...

Section 408.183. Duration of Death Benefits - Sec. 408.183. DURATION OF DEATH BENEFITS. (a) Entitlement to death...

Section 408.184. Redistribution of Death Benefits - Sec. 408.184. REDISTRIBUTION OF DEATH BENEFITS. (a) If a legal...

Section 408.185. Effect of Beneficiary Dispute; Attorney's Fees - Sec. 408.185. EFFECT OF BENEFICIARY DISPUTE; ATTORNEY'S FEES. On settlement...

Section 408.186. Burial Benefits - Sec. 408.186. BURIAL BENEFITS. (a) If the death of an...

Section 408.187. Autopsy - Sec. 408.187. AUTOPSY. (a) If in a claim for death...

Subchapter K. Protection of Rights to Benefits

Section 408.201. Benefits Exempt From Legal Process - Sec. 408.201. BENEFITS EXEMPT FROM LEGAL PROCESS. Benefits are exempt...

Section 408.202. Assignability of Benefits - Sec. 408.202. ASSIGNABILITY OF BENEFITS. Benefits are not assignable, except...

Section 408.203. Allowable Liens - Sec. 408.203. ALLOWABLE LIENS. (a) An income or death benefit...

Subchapter L. Attorney's Fees in Workers' Compensation Benefit Matters

Section 408.221. Attorney's Fees Paid to Claimant's Counsel - Sec. 408.221. ATTORNEY'S FEES PAID TO CLAIMANT'S COUNSEL. (a) An...

Section 408.222. Attorney's Fees Paid to Defense Counsel - Sec. 408.222. ATTORNEY'S FEES PAID TO DEFENSE COUNSEL. (a) The...

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Texas Statutes Subtitle A - Texas Workers' Compensation Act Chapter 408 - Workers' Compensation Benefits

Texas Statutes
Subtitle A - Texas Workers' Compensation Act
Chapter 408 - Workers' Compensation Benefits