How do I file a workers' compensation claim in Texas?

Texas is the only state where private workers' compensation coverage is voluntary (Tex. Lab. Code § 406.002). Non-subscribing employers lose common-law tort defenses but can be sued directly for negligence.

1. Coverage

Private employers may opt out ("non-subscribers"). Government entities and building/construction contractors on public projects must carry coverage. If your employer subscribes, you must use workers' comp as your exclusive remedy (§ 408.001). Excluded: independent contractors, certain farm/ranch workers, domestic workers.

2. Notice to Employer

Report the injury within 30 days (Lab. Code § 409.001). Failure without good cause bars the claim.

3. Claim Filing

File DWC Form-041 (Employee's Claim for Compensation) with the Division of Workers' Compensation within 1 year of injury or occupational disease diagnosis (§ 409.003). DWC is part of the Texas Department of Insurance.

4. Benefits

Medical care is fully covered through a certified Workers' Compensation Health Care Network. Temporary Income Benefits (TIBs) pay 70% (or 75% for lower wage workers) of average weekly wage up to state max (about $1,123/week in 2026). Impairment Income Benefits (IIBs) for permanent injuries — 3 weeks per 1% impairment. Lifetime Income Benefits (LIBs) for catastrophic injuries (§ 408.161). Death benefits to dependents and burial up to $10,000.

5. Independent Medical Exam (IME)

Insurance carrier may request a Required Medical Examination (RME) and a designated doctor exam to resolve disputes (§ 408.0041).

6. Choice of Doctor

If employer uses a certified network, you must choose from the network list. Outside a network, you may pick any DWC-approved treating doctor.

7. Denied Claim / Appeal

Request a Benefit Review Conference, then Contested Case Hearing before a hearing officer, then Appeals Panel review, then judicial review in district court.

8. Third-Party Suit

You may sue a negligent third party (e.g., subcontractor, product maker). WC carrier has subrogation rights under § 417.001.

This is legal information, not legal advice.