Texas Workers' Compensation Guide — Benefits, Claims & Rights
Workers' compensation coverage, benefits, filing deadlines, and dispute resolution in Texas.
Workers' compensation is a no-fault system — you do not have to prove your employer was negligent to receive benefits. But the process still requires specific steps in a specific order: reporting the injury, filing a formal claim, and getting treatment through authorized providers. If the insurer disputes your claim, the process shifts to hearings and appeals. Acting quickly matters, because most states impose strict deadlines for reporting and filing.
Who Is Covered?
Texas requires workers' compensation insurance for workers' compensation is optional for private employers; public employers and certain contractors must carry coverage §406.002. The Exclusive remedy doctrine means that in most cases, workers' comp is your sole remedy against your employer for workplace injuries §408.001.
Key Deadlines
Benefit Overview
Workers' compensation in Texas provides several categories of benefits:
| Description | |
|---|---|
| Temporary Total Disability (TTD) | 70% of average weekly wage for first 26 weeks, then 75% for low-wage earners; maximum rate set annually by DWC; Up to 104 weeks; may be extended in certain cases |
| Permanent Partial Disability (PPD) | Yes; impairment income benefits based on whole-body impairment rating assigned at MMI §408.121 |
| Death Benefits | 75% of average weekly wage to eligible dependents; burial benefits up to statutory maximum §408.181 |
| Medical Treatment | All reasonable and necessary medical care related to the work injury |
Medical Treatment
Employee selects treating doctor from the DWC-approved doctor list §408.022. All reasonable and necessary medical treatment causally related to the workplace injury must be covered by the employer or insurer.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- Workers' compensation is OPTIONAL for private employers; public employers and certain contractors must carry coverage
- Employee must notify employer within 30 days of injury (§ 409.001); employer must report to its insurance carrier within 8 days of knowledge of injury, and the carrier must file with the division within 7 days (§ 409.005)
- 1 year from date of injury