Texas Workers' Compensation Laws

For occupational diseases (like repetitive stress or toxic exposure), the 1-year period runs from the date the employee knew or should have known the disease was related to employment.

If you failed to report the injury within 30 days, you may still be eligible for benefits if you can show good cause for the late report and the employer was not prejudiced by the delay.

Report the injury to your employer within 30 days. Written notice is recommended. Your employer must then file a report with the Division of Workers' Compensation.

If benefits are denied or disputed, file a claim with the Texas Department of Insurance, Division of Workers' Compensation (DWC) within 1 year of the injury date.

Texas is the only state where private employers can choose not to carry workers' compensation insurance. Non-subscribing employers lose key defenses in injury lawsuits, including contributory negligence, assumption of risk, and the fellow-employee doctrine.

Temporary income benefits pay 70% of the difference between your pre-injury average weekly wage and your post-injury earning capacity, subject to a state maximum weekly amount. Benefits begin on the 8th day of disability.

Employers who subscribe to workers' compensation must pay for all reasonable and necessary medical treatment related to the work injury. Treatment is provided through the carrier's approved provider network.

Employers cannot discharge or discriminate against an employee for filing a workers' compensation claim, hiring a lawyer for the claim, or testifying in a workers' compensation proceeding.

If a claim is disputed, the first step is a Benefit Review Conference (informal) with the DWC. If unresolved, a Contested Case Hearing is held before an administrative law judge. Further appeals go to the Appeals Panel and then to district court.