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Texas Workers' Compensation Calculator

Texas's workers' compensation benefits are available regardless of who caused the workplace injury. The state's negligence rules become relevant only if you pursue a separate third-party claim — for example, suing a equipment manufacturer or a negligent contractor alongside your workers' comp claim.

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How Texas Law Affects Your Workers' Compensation Case

Texas gives you 1 year from the date of the incident to file a lawsuit, which is shorter than the national average of 1.9 years. This compressed timeline means you need to consult an attorney and begin gathering evidence quickly.

Texas pays temporary total disability (TTD) benefits at 70% of your average weekly wage, up to a maximum of $1,147 per week. This maximum is below the national average of $1,243. TTD benefits in Texas are limited to 104 weeks (approximately 2.0 years).

Texas relies on the AMA Guides, 5th Edition to assess permanent impairment. Your treating physician or an independent medical examiner assigns a whole-person impairment rating, which is then converted into a disability benefit amount. The specific guide version used in Texas can produce ratings that differ meaningfully from those in states using different editions.

Texas is unique in allowing employers to opt out of the workers' compensation system entirely. These "non-subscriber" employers lose the exclusive remedy protection that workers' comp provides, meaning injured employees of non-subscribers can file personal injury lawsuits seeking full tort damages — including pain and suffering — rather than being limited to workers' comp benefits. If your employer is a non-subscriber, your case is fundamentally different from a standard workers' comp claim.

Texas requires injured workers to notify their employer within 30 days of the workplace injury. This notification should be in writing and include the date, time, location, and nature of the injury. The formal workers’ compensation claim filing is a separate process with its own deadline, but missing the employer notification requirement can jeopardize your entire claim.

Texas provides vocational rehabilitation benefits for injured workers who are unable to return to their previous job. These benefits may include job retraining, education assistance, resume preparation, job placement services, and maintenance allowances during the retraining period. If your workplace injury has permanently limited your ability to perform your previous occupation, vocational rehabilitation can help you transition to suitable alternative employment.

Key Texas Laws

Filing Deadline
1 year
shorter than the national average of 1.9 years
Negligence System
Modified Comparative Fault (51% Bar)
Max Weekly Benefit
$1,147
Below avg ($1,243)
TTD Rate
70% of wages
Limited to 104 weeks
Waiting Period
7 days
Retroactive after 14 days
Non-Subscriber Option
Allowed
Employers can opt out of workers’ comp entirely
Employer Notice Deadline
30 days
Must report injury to employer within this period
Vocational Rehab
Available
State provides job retraining benefits

How Does Texas Compare?

1 yr
Filing Deadline
Avg: 1.9 yrs
Modified
Fault System
Modified Comparative Fault (51% Bar)
$1,147
Max Weekly Benefit
Avg: $1,243

Texas Workers' Compensation FAQs

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Legal Disclaimer

This calculator uses Texas's statutes as of 2026-03-06. Laws change frequently. This tool provides estimates for informational purposes only and does not constitute legal advice. Verify current rules with a Texas-licensed attorney before making decisions about your case. Learn about our methodology.

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