How Much Workers' Comp Pays 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.

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.

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.

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.

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.