Texas Workers' Compensation

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Who Must Carry Coverage

Texas is unique in that workers’ compensation coverage is not mandatory for most private employers.
Employers who choose not to carry coverage are known as ‘non-subscribers’ and may be exposed to civil lawsuits by injured workers.
Government employers and certain contractors working on public projects are required to carry coverage.

No-Fault System

For employers who carry workers’ compensation, the system is a no-fault system, meaning injured employees may receive benefits regardless of who caused the injury.

Reporting an Injury & Time Limits

A work-related injury must be reported to the employer within 30 days of the incident.
The general statute of limitations to file a formal claim with the Division of Workers’ Compensation (DWC) is one year from the date of injury.

Income & Medical Benefits

Payment for necessary medical treatment.
Temporary income benefits (TIBs) at 70% of the difference between pre-injury and post-injury wages.
Impairment income benefits (IIBs) based on impairment rating.
Supplemental income benefits (SIBs) and lifetime income benefits (LIBs) may be available for severe injuries.

Protection From Retaliation

An injured employee cannot be terminated or discriminated against for filing a workers’ compensation claim.

Choice of Treating Physician

In Texas, the employee has the right to select a treating doctor from the insurance carrier’s approved network.
The employee may request to change their treating doctor once without cause.

Independent Medical Examination (IME)

Either party may request a Designated Doctor Examination (similar to an IME) through the DWC to resolve disputes about the employee’s medical condition or impairment rating.
Contact Doctors’ Council if you would like assistance with requesting an examination or changing doctors.