Texas Workers’ Compensation Guide 2026

First determine whether the employer has coverage

Texas differs from most states because most private employers can choose whether to carry workers’ compensation insurance. A covered employer may have an insurance policy, certified self-insurance, or another authorized arrangement. An employer without Texas workers’ compensation coverage is commonly called a non-subscriber.

Check the notice posted at work, ask the employer, and use Texas DWC’s coverage verification. If the result is unknown, DWC accepts coverage-verification requests with the employer name, physical address, and injury date. Do not assume that an employer benefit plan is the same as statutory workers’ compensation.

Report the injury and protect the claim

1. Report to the employer promptly. DWC says the employee generally must give notice within 30 days from the injury or from learning that an illness or injury is work-related.
2. File DWC Form-041. DWC instructs workers to file the Employee’s Claim for Compensation within one year of the injury to protect rights. Do not rely only on the employer or carrier report.
3. Keep proof. Save the completed form, delivery record, employer notice, claim number, adjuster details, work-status reports, wage records, and benefit notices.
4. Confirm coverage and carrier. The correct path depends on coverage on the injury date.

A covered employer generally reports to its carrier within eight days when the employee loses more than one day of work, or immediately for an occupational disease or death. Employer reporting does not replace the worker’s own notice and claim-filing responsibilities.

Medical care

Medical benefits pay for reasonable and necessary treatment for a compensable work injury or illness. Provider choice and authorization can depend on whether the claim uses a certified workers’ compensation health-care network. Tell providers that the condition may be work-related and confirm the correct claim and network instructions.

Keep every work-status report, referral, prescription, bill, explanation, and appointment record. A medical dispute may involve compensability, extent of injury, necessity of treatment, network requirements, maximum medical improvement, or an impairment rating—each can use a different process.

Main Texas benefit categories

Use the Texas Benefits Chart 2026 for formulas and current limits.

Temporary and permanent income benefits

Temporary income benefits

TIBs generally equals 70% of the difference between AWW and post-injury weekly earnings. A qualifying employee earning less than $10 per hour may receive 75% for the first 26 weeks, subject to a prior-year actual-earnings cap. Use the Texas TIBs Calculator for the arithmetic.

Impairment income benefits

After MMI, an eligible worker receives three weeks of IIBs for each percentage point of impairment. The weekly rate is generally 70% of AWW, subject to the fiscal-year limits.

Supplemental and lifetime benefits

SIBs has separate impairment-rating, earnings-loss, work-search, application, and lump-sum restrictions. LIBs is limited to injuries listed by law and generally starts at 75% of AWW with annual increases. A TIBs result cannot establish either benefit.

Disputes and benefit review conferences

A carrier can dispute whether the injury is compensable, the body parts included, disability, AWW, a job offer, treatment, MMI, impairment, or another benefit issue. Read every notice completely and record the dispute, date, supporting reason, and response deadline.

Texas DWC’s administrative dispute process can include a Benefit Review Conference, contested case hearing, Appeals Panel review, and judicial review. The exact route depends on the issue. DWC Form-045 is used for certain requests for a Benefit Review Conference.

• Request the carrier’s position and supporting documents.
• Compare the wage statement with payroll and multiple-employment records.
• Preserve work restrictions and bona fide offer documents.
• Do not miss a conference, response, or appeal date.
• Ask DWC or OIEC for procedural help promptly.

Official help

Texas DWC Claims and Customer Services can be reached at 800-252-7031, option 1. An injured worker without an attorney may also seek help from the Office of Injured Employee Counsel, which provides ombudsman assistance in the administrative process.