Section 406.031 of the Texas Labor Code states: "(a) an insurance carrier is liable for compensation for an employee's injury without regard to fault or negligence if: (1) at the time of the injury, the employee is subject to this subtitle; and (2) the injury arises out of and in the course and scope of employment."  The Courts have interpreted this last sentence to have two elements.  Whether the injury arises out of the employment is one element and whether the injury occurs in the course and scope of employment is the second element.  

Section 401.011(5) of the Texas Labor Code states “Benefit means a medical benefit, an income benefit, a death benefit, or a burial benefit based on a compensable injury.

An injured worker must give the appropriate notices.  Find an attorney who regularly represents injured employees in front of the Division of Workers’ Compensation.  Litigate a contested case.