In Texas, workers comp weekly benefits are paid at 70% of your average weekly wage, capped at $1,314 per week, and can last up to 104 weeks, as set by the Texas Department of Insurance, Division of Workers' Comp.
Workers compensation weekly benefits in Texas are calculated at 70% of your average weekly wage (AWW), capped at $1,314 per week. This is your temporary total disability (TTD) rate, the amount you receive each week while you are completely unable to work due to a work-related injury. AWW is calculated based on the 52 weeks of earnings prior to your injury date, divided by the number of weeks you actually worked, as required by Texas Department of Insurance, Division of Workers' Comp.
Texas allows 104 weeks of temporary disability benefits, one of the shorter duration limits among U.S. states. TTD benefits continue until you return to work, reach Maximum Medical Improvement (MMI), or exhaust the state's maximum benefit period, whichever comes first.
Most workers comp waiting periods are 3 to 7 days, meaning your first check doesn't arrive until you have missed that many days of work. However, if you remain disabled beyond a retroactive threshold (usually 14-21 days), the waiting period days are typically paid retroactively. Be sure to report your injury to your employer on the date it occurs to preserve your right to full benefit payment from the first eligible day.
| State | Texas |
|---|---|
| Administering Authority | Texas Department of Insurance, Division of Workers' Comp |
| TTD Benefit Rate | 70% of average weekly wage |
| Maximum Weekly Benefit | $1,314 |
| Maximum TTD Duration | Up to 104 weeks |
| Appeal Deadline | 90 days from denial |
In Texas, your weekly benefit is 70% of your average weekly wage (AWW), but no more than $1,314 per week. AWW is your total gross wages over the past 52 weeks divided by the weeks you worked. For example, if you earned $60,000 over 50 weeks, your AWW is $1,200 and your weekly benefit would be $840.
In Texas, temporary total disability (TTD) benefits can last up to 104 weeks. Benefits end when you return to work, reach Maximum Medical Improvement (MMI), or reach the statutory maximum, whichever comes first.
If your employer or insurer disputes your AWW calculation in Texas, you have 90 days to file a formal dispute with the Texas Department of Insurance, Division of Workers' Comp. Keep all pay stubs and time sheets for the past 12 months.
Yes. Most states, including Texas, impose a waiting period of 3 to 7 days before benefits start. If you are disabled beyond the retroactive threshold (typically 14-21 days), the waiting period days are usually paid retroactively, so a long-term injury results in benefits from day one.
In Texas, your AWW typically includes regular wages, predictable overtime, shift differentials, and in some cases regular bonuses or tips. Housing allowances and other fringe benefits may also count. One-time bonuses and irregular income are generally excluded. The Texas Department of Insurance, Division of Workers' Comp provides specific guidance on AWW components.
Yes. If you return to work in a limited capacity earning less than your pre-injury wage, you transition from Temporary Total Disability (TTD) to Temporary Partial Disability (TPD), also called wage differential benefits. TPD pays 70% of the gap between your pre-injury and current earnings, up to $1,314 per week.
Workers compensation weekly benefits are generally not subject to federal income tax under IRC Section 104(a)(1). They are also exempt from Social Security and Medicare (FICA) taxes. If you receive both workers comp and SSDI simultaneously, an offset rule may reduce your SSDI payment if combined benefits exceed 80% of pre-injury earnings.
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.