Workers Compensation in Texas (2025)
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
- Who Qualifies for Workers’ Compensation Benefits in Texas?
- Steps to Report a Workplace Injury & File a Claim in Texas
- What Benefits Injured Workers Are Eligible For
- Employers’ Rights & Responsibilities Under Texas Law
- Deadlines & Statutory Time Limits You Must Know
- How Premiums & Insurance Work for Employers in Texas
- Contact ConsumerShield to Discuss Your Workplace Accident
Summary
- Workers’ compensation in Texas is voluntary for employers
- Injured employees can pursue claims under the employer’s insurance
- Employers who provide no benefits may be sued for negligence
Texas is the only state in the U.S. that does not require at least some employers to purchase workers’ compensation insurance. An injured employee’s rights depend on whether their employer has workers’ comp or is a non-subscriber.
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Who Qualifies for Workers’ Compensation Benefits in Texas?
Anyone who works for an employer with workers’ comp insurance qualifies for benefits after experiencing an on-the-job injury or occupational disease. Employees of non-subscribers are not entitled to workers’ comp benefits. However, their employers may have an alternate plan that is not technically part of the state’s workers’ comp system but still pays benefits.
Steps to Report a Workplace Injury & File a Claim in Texas
You must notify your employer of your injury. The exact forms used to report an accident and claim benefits depend on whether your employer is a subscriber or a non-subscriber.
However, in many cases, you can notify your employer of the accident in a phone call or email. On the other hand, the claim must be submitted using the form provided by the insurer. It will require you to describe what occurred and the injuries you suffered so the insurer can investigate your claim.
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What Benefits Injured Workers Are Eligible For
How much does workers’ comp pay? If your claim is approved, you will receive full medical benefits for necessary treatment and therapy. You will also receive income benefits. The percentage of your average weekly wage paid as income benefits depends on whether you suffered a temporary or permanent injury.
Employers’ Rights & Responsibilities Under Texas Law
Employers that subscribe to workers' compensation in Texas are immune from personal injury lawsuits. Non-subscribers may be subject to lawsuits even if they provide an alternate plan for workplace accidents.
Free Workers’ Compensation Case Review
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Deadlines & Statutory Time Limits You Must Know
If your employer subscribes to a workers’ comp plan, you have 30 days after your accident to report your injury. You must follow your report with a claim filed within one year of your accident. If you miss these deadlines, the insurer can deny your claim for workers' compensation in Texas.
How Premiums & Insurance Work for Employers in Texas
Premiums for workers’ compensation insurance are calculated based on “experience ratings.” A company’s experience rating estimates its risk of a workplace accident based on industry and claim history. Thus, a roofing business with frequent injury claims will have a higher experience rating than an accounting office with no claim history.
Free Workers’ Compensation Case Review
Preparing Case Review Form. ConsumerShield is transforming the way consumers experience law.
Contact ConsumerShield to Discuss Your Workplace Accident
ConsumerShield educates injured workers about their rights and helps them find lawyers. Contact us for a free case review and a referral to a workers’ compensation attorney.
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Frequently Asked Questions
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You cannot sue your employer if it has workers’ comp insurance. However, you can sue third parties that contributed to your workplace injury. For example, you can hire a Texas personal injury lawyer to sue the manufacturer of a defective tool that injured you.
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You can hire a workers’ compensation lawyer to fight a workers’ comp claim denial. Texas insurance regulations cap contingency fees for workers’ comp lawyers at 25%.
