Office of the Texas Governor | Greg Abbott
Menu

Workers’ Compensation

Workers' compensation programs are managed by the states. Texas is unique in that the Texas Workers' Compensation Program is not mandatory for employers. Except for those in the public government sector, employers in Texas have the choice to subscribe or not subscribe to the Texas Workers' Compensation program.

This section shares the parts of the Texas Workers' Compensation Act that are relevant to people with disabilities. This is not intended to be used as legal advice.

On This Page:

Workers' Compensation Coverage

Notice of Injury to Employer (Texas Labor Code, Chapter 409.001)
Death Benefit Claims (Texas Labor Code, Chapter 409.007)

  • Provides for reimbursement of medical expenses and a portion of lost wages due to a work-related injury, disease, or illness. Benefits are available only if the employer subscribes to workers’ compensation insurance or is self-insured. The injury or illness must be reported to the employer within 30 days.
  • Provides for death benefits to a legal beneficiary of a worker who is killed in an on-the-job injury.

Reporting and Notification Requirements

Reporting(Texas Labor Code, Section 406.004)
Notification (Texas Labor Code, Section 406.005)

  • Requires all employers without workers' compensation insurance coverage to notify the Workers' Compensation Division in writing that the employer elects not to obtain coverage.
  • Requires all employers to notify each employee whether or not the employer has workers' compensation insurance coverage. This includes when the employee is hired, posting notices in visible locations, and when the coverage status changes.

Medical Benefits

Entitlement to Health Care (Texas Labor Code, Section 408.021)
Selection of Doctor (Texas Labor Code, Section 408.022)
Durable Medical Equipment & Home Health Care Services (Texas Labor Code, Section 408.0284)

  • Entitles an employee who sustains a compensable injury to health care as required by the nature of the injury as and when needed. This health care must either cure or relieve the effects that resulted from the compensable injury, promote recovery, or enhance the ability of the employee to return and retain their employment. The health care is payable from the date of the compensable injury by the insurance carrier.
  • Allows the Workers' Compensation Division to require an employee to receive medical treatment from a doctor chosen from a list of doctors approved by the commissioner except in cases of emergency.
  • Allows reimbursement for durable medical equipment and home health care services in accordance with fee guidelines adopted by the commissioner. An insurance carrier may also pay for different fee costs if the carrier has a contract with the provider and it includes a specific fee schedule.

Wages

Average Weekly Wage (Texas Labor Code, Section 408.041)
Maximum Weekly Benefits (Texas Labor Code, Section 408.061)

Workplace Modification Reimbursement Program

(Texas Labor Code, Section 413.022)

  • Enables a return-to-work reimbursement program for small employers (2-50 employees) that incurred expenses to make workplace modifications necessary to accommodate an injured employe's return to modified or alternative work.
  • Allows a maximum of $5,000 in reimbursement for these expenses.
  • Requires expenses to allow the employee to perform modified or alternative work within doctor-imposed work restrictions. This may include physical modifications to the worksite, equipment, devices, furniture, tools, and other costs necessary for reasonable accommodations.

  • Contact

    Texas Department of Insurance, Workers' Compensation Division
    Claim Assistance (800) 252-7031
    Procedure for Filing a Complaint

    Resources

    Equal Employment Opportunity Commission
    (800) 669-4000; (844) 234-5122 (ASL Video Phone)
    Workers Compensation and the ADA