Workers Compensation Law in Texas
This page covers workers compensation law as it applies in Texas — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what workers compensation protects generally, see the national overview.
Compiled from primary legal sourcesNot legal adviceHow we source this
Quick answer
Texas workers' compensation pays for medical care and replaces part of your wages if you are hurt on the job or develop a work-related illness. Texas is the only state where most private employers can choose not to carry workers' compensation insurance, so your first step is to confirm whether your employer has coverage. If they do, report your injury to your employer within 30 days — that deadline is strict and missing it can cost you your benefits, so act quickly.
Laws that govern workers compensation in Texas
Texas state law
- Texas Workers' Compensation ActTex. Labor Code, Title 5, Chs. 401–419
The comprehensive state law that establishes the no-fault workers' compensation system, defines covered injuries, and sets benefit types and amounts.
- Workers' Compensation Insurance CoverageTex. Labor Code Ch. 406
Makes coverage optional for most private employers and defines the rights and liability exposure of non-subscribing employers.
- Workers' Compensation BenefitsTex. Labor Code Ch. 408
Sets the rules for all income benefit types — temporary, impairment, supplemental, and lifetime — as well as death, burial, and medical benefits.
- Compensation ProceduresTex. Labor Code Ch. 409
Establishes the deadlines for reporting injuries and filing claims and governs the claims and dispute resolution process.
- Workers' Compensation DiscriminationTex. Labor Code Ch. 451
Prohibits employers from retaliating — such as by termination or demotion — against employees who file or participate in workers' compensation proceedings.
Federal law
- Title 29 — Labor
The U.S. Code title that houses these federal statutes.
- Occupational Safety and Health Act of 1970
Created OSHA. Sets workplace safety standards for most private-sector employers. Codified at 29 U.S.C. ch. 15.
- Longshore and Harbor Workers' Compensation Act
Texas-specific deadlines for workers compensation cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- Deadline to report a work injury to your employer: 30 days
You must notify your employer within 30 days of the date of injury or the date you first knew the condition was work-related. Missing this deadline can make you ineligible for workers' compensation benefits.
Tex. Labor Code § 409.001
- Deadline to file a workers' compensation claim with the Division of Workers' Compensation: 1 year
Submit Form DWC-041 to the Division of Workers' Compensation within one year of the date of injury. The clock starts from when you knew or should have known the injury was work-related.
Tex. Labor Code § 409.003
- Deadline to file a death benefits claim: 1 year
Eligible family members must submit Form DWC-042 within one year of the worker's death. Exceptions may apply for minor children, people who lack legal capacity, or those who can show good cause for the delay.
Tex. Labor Code § 409.007
- Deadline to file a personal injury lawsuit against a non-subscriber employer: 2 years
If your employer did not carry workers' compensation insurance, you may sue in civil court; the standard two-year personal injury limitations period applies. A non-subscribing employer cannot raise contributory negligence, assumption of risk, or fellow-employee defenses.
Tex. Civ. Prac. & Rem. Code § 16.003
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for workers compensation in Texas.
The state agency that regulates the workers' compensation system, processes claims, resolves disputes, and answers worker questions; call 800-252-7031.
A free state agency that assigns ombudsmen to help injured workers navigate the workers' compensation process, understand their rights, and prepare for hearings; call 866-393-6432.
Connects Texans with licensed attorneys including workers' compensation lawyers; initial 30-minute consultations cost no more than $20; call 800-252-9690.
- Texas RioGrande Legal Aidlegal aid
Provides free civil legal services to low-income workers in South and West Texas, including help with workers' compensation and employment matters.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Texas
- 1
Report the injury to your employer
Notify your employer in writing as soon as possible and no later than 30 days after the injury. The sooner you report, the stronger your claim.
- 2
Seek medical treatment from an authorized provider
Your employer's insurance carrier will identify an authorized treating doctor; go to an emergency room for urgent care first, then follow up with the assigned provider.
- 3
File your claim with the Division of Workers' Compensation
Complete Form DWC-041 (Employee's Claim for Compensation) and submit it to the Division of Workers' Compensation within one year of your injury date.
- 4
Contact the Office of Injured Employee Counsel for free help
The Office of Injured Employee Counsel (OIEC) is a free state agency that assigns an ombudsman to help you understand your rights, complete paperwork, and prepare for hearings.
- 5
Respond to every notice from DWC, your employer, and the insurer
Missing a conference deadline or failing to respond to a dispute notice can end your claim, so open all correspondence promptly.
- 6
Use the dispute process if your claim is denied
Request a Benefit Review Conference through the Division of Workers' Compensation; if unresolved, you can request a Contested Case Hearing and, if needed, appeal to district court.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about workers compensation in Texas
Does my Texas employer have to carry workers' compensation insurance?
Most private employers in Texas are not required by state law to carry workers' compensation insurance — Texas is the only state with this approach. Government contractors and most public employers are required to have coverage. You can check whether your employer has coverage by calling the Division of Workers' Compensation at 800-252-7031.
How much of my wages will workers' compensation replace?
Temporary Income Benefits replace 70% of the difference between what you earned before your injury and what you can earn afterward, up to a state-set weekly maximum. Benefits begin after you miss at least 8 workdays, and the first week is not paid unless you miss 14 or more days total. These temporary benefits can last up to 104 weeks.
What if my employer does not have workers' compensation insurance?
If your employer is a non-subscriber (no coverage), you cannot file a workers' compensation claim. You may instead be able to file a personal injury lawsuit against your employer in civil court. Importantly, a non-subscribing employer cannot use common defenses such as your own negligence or a coworker's fault. The standard two-year personal injury statute of limitations applies to those lawsuits.
What types of income benefits are available beyond temporary benefits?
After Temporary Income Benefits end, you may receive Impairment Income Benefits based on a permanent impairment rating from your treating doctor. If you still have significant wage loss after those end, Supplemental Income Benefits may apply. For the most severe permanent injuries — such as loss of both eyes, both hands, or paralysis — Lifetime Income Benefits are available.
What happens if the insurance carrier denies my claim?
You can challenge a denial through the Division of Workers' Compensation dispute resolution process, which starts with a Benefit Review Conference (a mediation session). If not resolved there, you can request a Contested Case Hearing before a Division of Workers' Compensation hearings officer, appeal to the Division of Workers' Compensation Appeals Panel, and finally seek review in district court.
Can my employer fire me for filing a workers' compensation claim?
Texas law prohibits employers from firing, disciplining, or retaliating against an employee who in good faith files a workers' compensation claim or participates in the process. If you believe you were fired in retaliation, you may have a separate legal claim under Texas Labor Code Chapter 451.
Are illnesses that develop gradually from work covered?
Yes. Occupational diseases — illnesses that develop over time from job conditions or exposures, such as repetitive-motion injuries or breathing problems caused by workplace chemicals — are generally covered. The deadlines for reporting and filing run from the date you knew or should have known the condition was work-related.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.