Texas Labor Code - Section 406.034. Employee Election
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Texas Lawyer > Labor Code > Texas Labor Code - Section 406.034. Employee Election
§ 406.034. EMPLOYEE ELECTION. (a) Except as otherwise
provided by law, unless the employee gives notice as provided by
Subsection (b), an employee of an employer waives the employee's
right of action at common law or under a statute of this state to
recover damages for personal injuries or death sustained in the
course and scope of the employment.
(b) An employee who desires to retain the common-law right
of action to recover damages for personal injuries or death shall
notify the employer in writing that the employee waives coverage
under this subtitle and retains all rights of action under common
law. The employee must notify the employer not later than the fifth
day after the date on which the employee:
(1) begins the employment; or
(2) receives written notice from the employer that the
employer has obtained workers' compensation insurance coverage if
the employer is not a covered employer at the time of the employment
but later obtains the coverage.
(c) An employer may not require an employee to retain
common-law rights under this section as a condition of employment.
(d) An employee who elects to retain the right of action or a
legal beneficiary of that employee may bring a cause of action for
damages for injuries sustained in the course and scope of the
employment under common law or under a statute of this state.
Notwithstanding Section 406.033, the cause of action is subject to
all defenses available under common law and the statutes of this
state.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
Section: 406.009 406.010 406.011 406.012 406.031 406.032 406.033 406.034 406.035 406.051 406.052 406.053 406.071 406.072 406.073
Last modified: August 10, 2007
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