Texas is unique in that workers' compensation is voluntary for most private employers. The state provides 70% of the average weekly wage for temporary total disability up to 104 weeks. Texas has a 7-day waiting period, retroactive after 28 days.
Your Estimated Workers' Comp Benefits
State
Compensation Rate
Calculated Weekly Benefit
State Max Weekly Benefit
Your Weekly Benefit
Waiting Period
Disability Duration
Total Wage Replacement
Medical Coverage Estimate
Total Estimated Compensation
Note: Workers' comp generally covers 100% of reasonable and necessary medical expenses. The medical coverage estimate shown reflects your entered expenses. Actual coverage may be higher if additional treatment is needed.
Example: Texas Workers' Comp Calculation
Suppose a worker in Texas earning $1,000 per week suffers a temporary total disability lasting 12 weeks with $10,000 in medical bills:
- Weekly benefit: $1,000 x 70.0% = $700/week
- Capped at state max: $700/week (within cap)
- Total wage replacement: $8,400 (12 weeks)
- Medical coverage: $10,000 (100% of reasonable expenses)
- Total estimated compensation: $18,400
Frequently Asked Questions - Texas Workers' Comp
What is the maximum weekly workers' comp benefit in Texas?
The maximum weekly workers' compensation benefit in Texas is $1,085. This cap is applied after calculating your benefit as 70.0% of your average weekly wage. If your calculated benefit exceeds this maximum, you will receive the maximum amount.
How long is the waiting period for workers' comp in Texas?
Texas has a 7-day waiting period before wage replacement benefits begin. If your disability lasts more than 28 days, benefits become retroactive and you'll be paid for the waiting period as well.
How long do I have to file a workers' comp claim in Texas?
In Texas, you have 1 year from the date of injury to file a workers' compensation claim. You should report the injury to your employer as soon as possible, typically within 30 days, to protect your rights.
Is Texas a monopolistic workers' comp state?
No, Texas is not a monopolistic state. Employers can purchase workers' compensation insurance from private insurers or, in some cases, self-insure if they meet certain financial requirements.
How is the average weekly wage calculated in Texas?
In Texas, the average weekly wage (AWW) is typically calculated by taking your total earnings over a 52-week period (or shorter if employed less than a year) and dividing by the number of weeks worked. This includes regular wages, overtime, bonuses, and other forms of compensation.
