Texas Workers' Compensation: Deadlines, Benefits and How to File
Texas workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for Texas
- Deadline to report the injury
- The employee, or someone acting for the employee, must notify the employer of the injury no later than the 30th day after the injury (or, for an occupational disease, after the employee knew or should have known it may be work-related). Tex. Lab. Code § 409.001
- Deadline to file a claim
- The employee must file a claim for compensation with the Division of Workers' Compensation no later than one year after the injury (or, for an occupational disease, one year after the employee knew or should have known it was work-related). Tex. Lab. Code §§ 409.003, 409.004
- Weekly benefit rate
- Temporary income benefits are 70% of the difference between the employee's average weekly wage and any post-injury weekly earnings; Tex. Lab. Code § 408.103; TDI-DWC, Workers' compensation income and medical benefits
- Maximum weekly benefit
- For injuries from Oct. 1, 2026 through Sept. 30, 2027 (fiscal year 2027), the maximum temporary income benefit is $1,314 per week and the minimum is $197 (state average weekly wage $1,314.32). TDI-DWC, State average weekly wage (SAWW) / maximum and minimum weekly benefits; Tex. Lab. Code § 408.061
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | In Texas, workers' compensation coverage is generally optional for private employers: except for public employers and as otherwise provided by law, an employer may elect to obtain coverage through a licensed insurer or self-insurance. Employers that do not obtain coverage must notify the Division of Workers' Compensation in writing. An injured worker can get workers' compensation benefits only if the employer has coverage. The statement about coverage being required for benefits is from TDI-DWC: https://www.tdi.texas.gov/wc/employee/index.html |
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| Deadline to report the injury | The employee, or someone acting for the employee, must notify the employer of the injury no later than the 30th day after the injury (or, for an occupational disease, after the employee knew or should have known it may be work-related). Notice may be given to the employer or to an employee in a supervisory or management position. Source: Tex. Lab. Code § 409.001 |
| Deadline to file a claim | The employee must file a claim for compensation with the Division of Workers' Compensation no later than one year after the injury (or, for an occupational disease, one year after the employee knew or should have known it was work-related). Missing the deadline relieves the employer and insurer of liability unless there was good cause or the employer/insurer does not contest the claim. |
| Waiting period | No income benefits are paid for an injury that does not cause disability for at least one week; if disability continues longer, benefits begin to accrue on the eighth day after the disability began. If the disability lasts two weeks or longer, benefits are paid from the date the disability began. Medical benefits are not affected. Source: Tex. Lab. Code § 408.082 |
Benefits
| Weekly benefit rate | Temporary income benefits are 70% of the difference between the employee's average weekly wage and any post-injury weekly earnings; for the first 26 weeks, the rate is 75% for an employee who earned less than $10 an hour (not exceeding prior actual earnings). Benefits are subject to the state maximum and minimum. The average weekly wage is generally based on the 13 weeks before the injury. |
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| Maximum weekly benefit | For injuries from Oct. 1, 2026 through Sept. 30, 2027 (fiscal year 2027), the maximum temporary income benefit is $1,314 per week and the minimum is $197 (state average weekly wage $1,314.32). Impairment and supplemental income benefits are capped at $920; lifetime income and death benefits at $1,314. For fiscal year 2026 (Oct. 1, 2025 to Sept. 30, 2026), the temporary income maximum was $1,271 and the minimum $191. |
| How long benefits last | Temporary income benefits continue until the employee reaches maximum medical improvement (MMI). By law, MMI is reached no later than 104 weeks after income benefits begin to accrue, although the Division may extend that period if the employee has had or been approved for spinal surgery within 12 weeks before it expires. Impairment income benefits then run for three weeks for each percentage point of impairment (or until death, if earlier). Eligibility for temporary, impairment and supplemental income benefits ends 401 weeks after the date of injury. Lifetime income benefits for listed catastrophic injuries are paid until the employee's death. The 104-week definition of maximum medical improvement is in Tex. Lab. Code § 401.011(30): https://tcss.legis.texas.gov/resources/LA/htm/LA.401.htm. For occupational diseases, the 401-week period is measured from when benefits began to accrue. |
| Permanent disability | After maximum medical improvement, impairment income benefits are paid at 70% of the average weekly wage for three weeks per percentage point of impairment. Workers with an impairment rating of 15% or more who have not returned to work, or earn less than 80% of their prior wage because of the impairment, may qualify for supplemental income benefits. Lifetime income benefits are paid for specified catastrophic injuries such as loss of sight in both eyes, loss of both hands or feet, or permanent paralysis of limbs from a spinal injury. |
| Death benefits | If a compensable injury causes death, the insurer pays death benefits to the legal beneficiaries equal to 75% of the employee's average weekly wage, subject to the maximum. Spouses of first responders can receive death benefits for life even if they remarry (for marriages on or after Sept. 1, 2017). The insurer also pays the person who paid for the burial the lesser of actual reasonable burial costs or $10,000, plus reasonable transportation of the body if the employee died away from the usual workplace. |
Doctors, filing, settlements and appeals
| Choosing a doctor | Except in an emergency, the employee must be treated by a doctor on the Division's approved list, and is entitled to an initial choice of doctor from that list. An employee dissatisfied with the first choice may ask the Division, in writing (or by phone if there is an immediate medical need), for authority to select an alternate doctor. Different rules apply if the employer's insurer uses a certified workers' compensation health care network. Source: Tex. Lab. Code § 408.022 |
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| How to file | Report the injury to your employer. The Division of Workers' Compensation sends a packet that includes DWC Form-041, Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease, which you file with DWC within one year. Insurance carriers, not DWC, pay benefits. For help, call DWC at 800-252-7031, option 1; the Office of Injured Employee Counsel can help with disputes. |
| Settlements | Texas law limits settlements. A settlement may not pay benefits in a lump sum (except for the limited commutation of impairment income benefits allowed by § 408.128) and may not limit or end the employee's right to medical benefits. A settlement resolving impairment cannot be made before maximum medical improvement. Every party and the Commissioner of Workers' Compensation must sign it; the Commissioner approves it only if it reflects the agreement, follows the law and is in the claimant's best interest. If the Commissioner does not act within 16 days, it is treated as approved, and a party may withdraw before it takes effect. Commutation under § 408.128 is available to an employee who has worked at least three months earning at least 80% of the average weekly wage; after commuting, the employee receives no additional income benefits for the injury. |
| Appealing a denial | Disputes generally start with a benefit review conference (an informal mediation) at DWC, followed by a contested case hearing before an administrative law judge (or arbitration if elected). To appeal the judge's decision, a party must file a written request with the DWC appeals panel within 15 days after receiving the decision (not counting weekends and holidays). A party may then seek judicial review by filing suit within 45 days after the appeals panel decision is mailed. |
| Deadline to challenge a denial | A disputed claim generally must first go to a benefit review conference with the Texas Department of Insurance, Division of Workers' Compensation; a party is not entitled to a contested case hearing unless one is held, except as the law or rules allow. To appeal an administrative law judge's contested-case decision, a party must file a written request for appeal with the appeals panel within 15 days after receiving the decision (weekends and holidays not counted). To seek judicial review of the appeals panel decision, a party must file suit within 45 days after the division mailed the decision (mailing is deemed to be the fifth day after the decision was filed). The statutes read do not set a fixed deadline to request a benefit review conference after a denial. |
| Retaliation for filing | No one may fire or otherwise discriminate against an employee because the employee filed a workers' compensation claim in good faith, hired a lawyer for a claim, started a proceeding in good faith, or testified or is about to testify in one. A violator is liable for reasonable damages, and a fired employee is entitled to reinstatement; the employee has the burden of proof. A district court may also issue an injunction. |
| Filing or checking a claim online | Report your injury to your employer within 30 days. To protect your rights, file DWC Form-041 (Employee's Claim for Compensation) with the Texas Department of Insurance, Division of Workers' Compensation (DWC) within one year: online, by mail to DWC, PO Box 12050, Austin, TX 78711, or by fax to 512-804-4378, and call a week or two later to confirm DWC received it. DWC Claims & Customer Services: 800-252-7031, option 1. Free help with disputes is available from an ombudsman at the Office of Injured Employee Counsel (OIEC). |
| Lawyer fees in comp cases | Under Texas Labor Code 408.221, a claimant's attorney fees must be approved by the DWC commissioner or a court and may not exceed 25 percent of the injured employee's benefits; fees are paid out of those benefits. TDI says an attorney can charge a maximum of $200 per hour plus expenses. Free state help: the Office of Injured Employee Counsel (OIEC) provides ombudsmen at no cost to injured employees (and beneficiaries in work-related death cases) who don't have an attorney; they help communicate with the employer, carrier and doctor, explain the hearings process and attend proceedings with you, but don't give advice or sign agreements for you. OIEC: (866) 393-6432. TDI FAQ: https://www.tdi.texas.gov/wc/employee/iefaqe.html ; OIEC: https://www.oiec.texas.gov/employee/ombudsman.html |
Lawsuits and uninsured employers
| Suing your employer | For an employee whose employer carries workers' compensation insurance, workers' comp benefits are the exclusive remedy against the employer and its agents or employees for a work-related injury or death. The exception in the statute: the surviving spouse or children (heirs of the body) of an employee whose death was caused by the employer's intentional act or omission or gross negligence may recover exemplary (punitive) damages. Texas employers may choose not to carry coverage; see uninsured_employer. Source: Tex. Lab. Code § 408.001 |
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| Suing someone other than your employer | Yes. An injured employee may seek damages from a third party who is liable for the injury and also pursue workers' comp benefits. The insurance carrier is subrogated to the employee's rights up to the total benefits paid or assumed (reduced by the percentage of responsibility a jury assigns to the employer), and may enforce the claim in the employee's name. The net recovery first reimburses the carrier; any excess is treated as an advance against future benefits. |
| If your employer has no workers' comp | In a lawsuit by an employee against an employer that does not have workers' compensation coverage (a 'nonsubscriber'), the employer cannot defend on the grounds that the employee was contributorily negligent, assumed the risk, or was hurt by a co-worker's negligence. The employer may defend on the ground that the employee intended the injury or was intoxicated, and the employee must prove the employer's negligence. An employee cannot waive this right before the injury, and a waiver after injury is valid only under strict conditions. The statute read does not set up a state fund paying benefits for workers of nonsubscribing employers. Source: Tex. Lab. Code § 406.033 |
Where to get help in Texas
Workers' Compensation FAQ
Which employers must have workers' comp in Texas?
In Texas, workers' compensation coverage is generally optional for private employers: except for public employers and as otherwise provided by law, an employer may elect to obtain coverage through a licensed insurer or self-insurance. Employers that do not obtain coverage must notify the Division of Workers' Compensation in writing. An injured worker can get workers' compensation benefits only if the employer has coverage.
How long do you have to report a work injury in Texas?
The employee, or someone acting for the employee, must notify the employer of the injury no later than the 30th day after the injury (or, for an occupational disease, after the employee knew or should have known it may be work-related). Notice may be given to the employer or to an employee in a supervisory or management position.
What is the deadline to file a workers' comp claim in Texas?
The employee must file a claim for compensation with the Division of Workers' Compensation no later than one year after the injury (or, for an occupational disease, one year after the employee knew or should have known it was work-related). Missing the deadline relieves the employer and insurer of liability unless there was good cause or the employer/insurer does not contest the claim.
Is there a waiting period for workers' comp in Texas?
No income benefits are paid for an injury that does not cause disability for at least one week; if disability continues longer, benefits begin to accrue on the eighth day after the disability began. If the disability lasts two weeks or longer, benefits are paid from the date the disability began. Medical benefits are not affected.
How much does workers' comp pay in Texas?
Temporary income benefits are 70% of the difference between the employee's average weekly wage and any post-injury weekly earnings; for the first 26 weeks, the rate is 75% for an employee who earned less than $10 an hour (not exceeding prior actual earnings). Benefits are subject to the state maximum and minimum. The average weekly wage is generally based on the 13 weeks before the injury.
What is the maximum workers' comp benefit in Texas?
For injuries from Oct. 1, 2026 through Sept. 30, 2027 (fiscal year 2027), the maximum temporary income benefit is $1,314 per week and the minimum is $197 (state average weekly wage $1,314.32). Impairment and supplemental income benefits are capped at $920; lifetime income and death benefits at $1,314. For fiscal year 2026 (Oct. 1, 2025 to Sept. 30, 2026), the temporary income maximum was $1,271 and the minimum $191.
Can you choose your own doctor for workers' comp in Texas?
Except in an emergency, the employee must be treated by a doctor on the Division's approved list, and is entitled to an initial choice of doctor from that list. An employee dissatisfied with the first choice may ask the Division, in writing (or by phone if there is an immediate medical need), for authority to select an alternate doctor. Different rules apply if the employer's insurer uses a certified workers' compensation health care network.
How does permanent disability work under workers' comp in Texas?
After maximum medical improvement, impairment income benefits are paid at 70% of the average weekly wage for three weeks per percentage point of impairment. Workers with an impairment rating of 15% or more who have not returned to work, or earn less than 80% of their prior wage because of the impairment, may qualify for supplemental income benefits. Lifetime income benefits are paid for specified catastrophic injuries such as loss of sight in both eyes, loss of both hands or feet, or permanent paralysis of limbs from a spinal injury.
What workers' comp death benefits are available in Texas?
If a compensable injury causes death, the insurer pays death benefits to the legal beneficiaries equal to 75% of the employee's average weekly wage, subject to the maximum. Spouses of first responders can receive death benefits for life even if they remarry (for marriages on or after Sept. 1, 2017). The insurer also pays the person who paid for the burial the lesser of actual reasonable burial costs or $10,000, plus reasonable transportation of the body if the employee died away from the usual workplace.
How do you file a workers' comp claim in Texas?
Report the injury to your employer. The Division of Workers' Compensation sends a packet that includes DWC Form-041, Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease, which you file with DWC within one year. Insurance carriers, not DWC, pay benefits. For help, call DWC at 800-252-7031, option 1; the Office of Injured Employee Counsel can help with disputes.
How do you appeal a denied workers' comp claim in Texas?
Disputes generally start with a benefit review conference (an informal mediation) at DWC, followed by a contested case hearing before an administrative law judge (or arbitration if elected). To appeal the judge's decision, a party must file a written request with the DWC appeals panel within 15 days after receiving the decision (not counting weekends and holidays). A party may then seek judicial review by filing suit within 45 days after the appeals panel decision is mailed.
Can you be fired for filing workers' comp in Texas?
No one may fire or otherwise discriminate against an employee because the employee filed a workers' compensation claim in good faith, hired a lawyer for a claim, started a proceeding in good faith, or testified or is about to testify in one. A violator is liable for reasonable damages, and a fired employee is entitled to reinstatement; the employee has the burden of proof. A district court may also issue an injunction.
How long can you receive workers' comp in Texas?
Temporary income benefits continue until the employee reaches maximum medical improvement (MMI). By law, MMI is reached no later than 104 weeks after income benefits begin to accrue, although the Division may extend that period if the employee has had or been approved for spinal surgery within 12 weeks before it expires. Impairment income benefits then run for three weeks for each percentage point of impairment (or until death, if earlier). Eligibility for temporary, impairment and supplemental income benefits ends 401 weeks after the date of injury. Lifetime income benefits for listed catastrophic injuries are paid until the employee's death.
How do workers' comp settlements work in Texas?
Texas law limits settlements. A settlement may not pay benefits in a lump sum (except for the limited commutation of impairment income benefits allowed by § 408.128) and may not limit or end the employee's right to medical benefits. A settlement resolving impairment cannot be made before maximum medical improvement. Every party and the Commissioner of Workers' Compensation must sign it; the Commissioner approves it only if it reflects the agreement, follows the law and is in the claimant's best interest. If the Commissioner does not act within 16 days, it is treated as approved, and a party may withdraw before it takes effect.
How do I file or check a workers' comp claim online in Texas?
Report your injury to your employer within 30 days. To protect your rights, file DWC Form-041 (Employee's Claim for Compensation) with the Texas Department of Insurance, Division of Workers' Compensation (DWC) within one year: online, by mail to DWC, PO Box 12050, Austin, TX 78711, or by fax to 512-804-4378, and call a week or two later to confirm DWC received it. DWC Claims & Customer Services: 800-252-7031, option 1. Free help with disputes is available from an ombudsman at the Office of Injured Employee Counsel (OIEC).
How much can a workers' comp lawyer charge in Texas?
Under Texas Labor Code 408.221, a claimant's attorney fees must be approved by the DWC commissioner or a court and may not exceed 25 percent of the injured employee's benefits; fees are paid out of those benefits. TDI says an attorney can charge a maximum of $200 per hour plus expenses. Free state help: the Office of Injured Employee Counsel (OIEC) provides ombudsmen at no cost to injured employees (and beneficiaries in work-related death cases) who don't have an attorney; they help communicate with the employer, carrier and doctor, explain the hearings process and attend proceedings with you, but don't give advice or sign agreements for you. OIEC: (866) 393-6432.
Can you sue your employer for a work injury in Texas?
For an employee whose employer carries workers' compensation insurance, workers' comp benefits are the exclusive remedy against the employer and its agents or employees for a work-related injury or death. The exception in the statute: the surviving spouse or children (heirs of the body) of an employee whose death was caused by the employer's intentional act or omission or gross negligence may recover exemplary (punitive) damages. Texas employers may choose not to carry coverage; see uninsured_employer.
Can you sue a third party for a work injury in Texas?
Yes. An injured employee may seek damages from a third party who is liable for the injury and also pursue workers' comp benefits. The insurance carrier is subrogated to the employee's rights up to the total benefits paid or assumed (reduced by the percentage of responsibility a jury assigns to the employer), and may enforce the claim in the employee's name. The net recovery first reimburses the carrier; any excess is treated as an advance against future benefits.
What if my employer doesn't have workers' comp insurance in Texas?
In a lawsuit by an employee against an employer that does not have workers' compensation coverage (a 'nonsubscriber'), the employer cannot defend on the grounds that the employee was contributorily negligent, assumed the risk, or was hurt by a co-worker's negligence. The employer may defend on the ground that the employee intended the injury or was intoxicated, and the employee must prove the employer's negligence. An employee cannot waive this right before the injury, and a waiver after injury is valid only under strict conditions.
How long do you have to appeal a denied workers' comp claim in Texas?
A disputed claim generally must first go to a benefit review conference with the Texas Department of Insurance, Division of Workers' Compensation; a party is not entitled to a contested case hearing unless one is held, except as the law or rules allow. To appeal an administrative law judge's contested-case decision, a party must file a written request for appeal with the appeals panel within 15 days after receiving the decision (weekends and holidays not counted). To seek judicial review of the appeals panel decision, a party must file suit within 45 days after the division mailed the decision (mailing is deemed to be the fifth day after the decision was filed).
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