Workers Compensation in Texas
Workplace injuries don’t just cause physical pain—they can leave you with mounting medical bills, lost wages, and uncertainty about how you’ll support yourself and your family.
Texas operates under a unique workers’ compensation system, and not all employers are required to provide coverage. If your employer carries workers’ compensation insurance, you may be eligible for medical benefits, wage replacement, and other support.
The claims process isn’t always easy. Insurance companies might delay payments, undervalue your injury, or deny your claim outright. Understanding how the system works and taking the right steps immediately after your injury can make all the difference.
Workers Compensation Statistics in Texas?
In 2023, private-sector employers in Texas reported approximately 178,000 nonfatal workplace injuries and illnesses, with an incidence rate of 2.1 cases per 100 full-time employees, slightly lower than the national average.
Some industries in Texas experience higher injury rates due to the nature of their work:
- Construction – With an injury rate of 3.4 per 100 workers, falls from scaffolding, electrical accidents, and machinery-related incidents are common hazards.
- Manufacturing – An industry with an injury rate of 3.2 per 100 workers, where workers frequently suffer from repetitive strain injuries, exposure to hazardous chemicals, and heavy machinery accidents.
- Oil and Gas Extraction – A major industry in Texas, with significant risks including fires, toxic exposure, and equipment malfunctions.
How Does Workers Comp Work in Texas?
Texas is unique in that private employers are not required to carry workers’ compensation insurance. Employers who choose to opt-out are known as non-subscribers and may face lawsuits if an employee is injured on the job due to employer negligence.
Texas does not require most employers to carry workers’ compensation insurance. Exceptions include government employers, certain construction contractors, motor carriers, and propane or natural gas dealers. All medical expenses for work injuries are covered, as long as they are recommended or approved by your doctor.
If you will miss more than a week of work, you are also eligible to receive compensation for lost wages. Per the Texas Department of Insurance, Texas applies a formula that pays 70% of the difference between your average weekly wage and the wage you can earn post-injury.
Get Medical Attention
If you’ve been injured on the job, your health should be your top priority. Even if your injury seems minor, delaying medical treatment can not only worsen your condition but also hurt your chances of getting compensation.
In Texas, if your employer has workers’ compensation insurance, you must see a doctor within their approved healthcare network unless it’s an emergency. If your employer is a non-subscriber, you may see a doctor of your choice but will likely need to file a lawsuit or negotiate directly with your employer for reimbursement.
To strengthen your claim:
- Get medical attention immediately after an injury, even for minor symptoms.
- Follow all prescribed treatments and attend all medical appointments.
- Keep copies of medical reports, prescriptions, and work restrictions provided by your doctor.
- Inform your employer of any changes in your condition or ability to work.
If you are denied necessary medical treatment, a workers’ compensation attorney can help fight for your right to proper care.
File a First Report of Injury
Texas law requires injured workers to report their injury to their employer within 30 days of the accident. Failing to meet this deadline could result in a denial of benefits.
If your employer has workers’ compensation coverage, they must:
- File a First Report of Injury (DWC Form-041) with the Texas Department of Insurance, Division of Workers’ Compensation (DWC).
- Provide you with a list of doctors within their approved medical network.
- Inform their insurance carrier, which will review your claim and determine eligibility for benefits.
If your claim is denied, you have the right to:
- •Request dispute resolution through the Texas Division of Workers’ Compensation.
- •File an appeal with the Texas Workers’ Compensation Appeals Panel.
- •Seek legal action against your employer if they are a non-subscriber.
Texas has a one-year statute of limitations for filing a formal workers’ compensation claim, so acting quickly is essential.
Texas law limits temporary disability benefits to 104 weeks. However, an exception is possible in cases involving spinal surgery. For permanent disability, once the maximum medical improvement has been reached, your doctor will assign a percentage value to your impairment.
Why You Should Hire a Workers’ Compensation Lawyer
Filing a workers’ compensation claim in Texas can be complicated, especially when dealing with non-subscribers or disputed claims. An experienced lawyer can:
- Determine whether your employer carries workers’ compensation or is a non-subscriber.
- Ensure all paperwork is filed correctly to prevent delays.
- Negotiate with insurance providers to maximize your benefits.
- Represent you in hearings and appeals if your claim is denied.
- File a lawsuit against a non-subscriber employer if their negligence caused your injury.
Work With an Experienced Local Lawyer in Texas
Your health and well-being need to come first. If you are hurt while working or find out an illness you are suffering is the result of your job, you will want to seek compensation.
We can connect you with a local attorney or one across Texas state lines.
Submit a request online or call us at (866) 345-6784 to find a workers’ compensation lawyer today!
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