In Texas, temporary total disability (TTD) benefits are paid at 70% of your average weekly wage, capped at $1,314 per week, for up to 104 weeks, administered by the Texas Department of Insurance, Division of Workers' Comp.
Temporary disability benefits in Texas replace a portion of your income while you recover from a work injury and cannot work at your pre-injury capacity. There are two types: Temporary Total Disability (TTD), paid when you are completely unable to work, and Temporary Partial Disability (TPD), paid when you can work in a limited capacity but earn less than your pre-injury wage. In Texas, the TTD rate is 70% of your average weekly wage (AWW), up to $1,314 per week, and can last up to 104 weeks.
TTD begins after the state's waiting period (typically 3-7 days) and continues until you return to work, reach Maximum Medical Improvement (MMI), or exhaust the state's maximum benefit period. At MMI, your treating physician will evaluate whether you have any permanent impairment and issue a rating. TPD pays 70% of the wage differential between your pre- and post-injury earnings, up to $1,314 per week.
Disputes about temporary disability benefits are common. Employers and insurers may challenge your treating physician's opinion with an Independent Medical Examination (IME) or argue that you have reached MMI before you believe you have. In Texas, you have 90 days to challenge an insurer's decision to reduce or terminate temporary disability benefits by filing with the Texas Department of Insurance, Division of Workers' Comp.
| State | Texas |
|---|---|
| Administering Authority | Texas Department of Insurance, Division of Workers' Comp |
| TTD Rate | 70% of average weekly wage |
| Maximum Weekly Benefit | $1,314 |
| Maximum TTD Duration | Up to 104 weeks |
| Appeal Deadline | 90 days |
Temporary Total Disability (TTD) in Texas pays 70% of your AWW (up to $1,314/week) when you are completely unable to work. Temporary Partial Disability (TPD) pays 70% of the wage difference between your pre-injury and post-injury earnings when you can work in a limited capacity.
In Texas, TTD benefits can last up to 104 weeks. Benefits end when you return to pre-injury work, reach Maximum Medical Improvement (MMI), or exhaust the maximum period. Texas's 104-week limit is shorter than many states, making it important to plan before benefits run out.
Temporary disability in Texas ends when: (1) you return to work at your pre-injury wage; (2) your physician declares Maximum Medical Improvement (MMI), meaning further treatment won't meaningfully improve your condition; or (3) you reach the state's maximum TTD duration of up to 104 weeks. At MMI, your claim transitions from temporary to permanent status.
Generally no. Workers comp TTD benefits and unemployment insurance are mutually exclusive in most states. Unemployment insurance requires you to be able and available for work; TTD requires you to be unable to work. Receiving both simultaneously is considered fraud in Texas and can result in repayment demands and criminal charges.
When TTD benefits exhaust in Texas, either at Maximum Medical Improvement or the up to 104 weeks statutory limit, your claim transitions to permanent status. If you have permanent impairment, your physician rates it and you may receive a permanent partial disability (PPD) award. If you cannot return to any work, you may qualify for permanent total disability (PTD) or vocational rehabilitation.
Workers comp TTD and Social Security Disability Insurance (SSDI) are separate federal and state programs. You can apply for SSDI while receiving workers comp TTD, but an offset rule applies: combined workers comp and SSDI cannot exceed 80% of pre-injury average current earnings. If they do, Social Security reduces the SSDI payment, not your workers comp benefit.
From Texas Department of Insurance, Division of Workers' Comp and Texas law. Checked October 2026. Each rule links to its official source.
| Weekly benefit | 70% of the difference between your average weekly wage and what you can earn after the injury (75% for some low earners). Source |
|---|---|
| Weekly maximum | $1,314 for injuries from October 1, 2026 to September 30, 2027 ($1,271 the year before). Resets every October 1. Source |
| Waiting period | The first week is unpaid unless you lose pay for 14 days or more. Source |
| Tell your employer | Within 30 days of the injury, or of when you knew it was job-related. Source |
| Deadline to file a claim | Send DWC Form-041 to the Division of Workers' Compensation within 1 year of the injury. Source |
| Settlement approval | Required. The Commissioner of Workers' Compensation or a designee must approve, and a settlement cannot end medical benefits. Source |
| Attorney fees | Capped at 25% of your benefits. Source |
Rules change. Confirm deadlines with Texas Department of Insurance, Division of Workers' Comp or a licensed workers comp attorney before you rely on them.