How Texas Workers' Comp Works: What You Need to Know
Texas has one of the most distinctive workers' compensation systems in the country for one simple reason: it is the only state where employers are not required to carry workers' compensation insurance. This creates two completely different paths for injured Texas workers depending on whether their employer opted into the system or not.
Subscriber vs. Non-Subscriber Employers
Texas employers can choose to be "subscribers" (they purchase workers' comp coverage through the Texas Division of Workers' Compensation) or "non-subscribers" (they opt out of the system entirely). If your employer is a subscriber, you are covered by the Texas workers' comp system and receive the benefits described below. If your employer is a non-subscriber and you are injured, you generally cannot use the workers' comp system β but you can sue your employer directly in civil court for negligence, and your employer loses several common legal defenses. Non-subscriber lawsuits often result in significantly higher recoveries than standard workers' comp benefits.
Temporary Income Benefits (TIBs) in Texas
Texas TIBs equal 70% of your average weekly wage, subject to a 2025 maximum of $1,114 per week. TIBs begin after a 7-day waiting period and continue until you reach Maximum Medical Improvement (MMI), return to work earning your pre-injury wages, or reach the 104-week limit β whichever comes first.
Impairment Income Benefits (IIBs)
Once you reach MMI and receive an impairment rating, Texas pays IIBs equal to 70% of your AWW for three weeks for each percentage point of your impairment rating. For example, a 10% impairment rating entitles you to 30 weeks of IIB payments. These payments are made weekly and typically run consecutively after TIBs end.
Supplemental Income Benefits (SIBs)
If your impairment rating is 15% or higher and you have an income loss after your IIBs end, you may qualify for Supplemental Income Benefits (SIBs). SIBs are paid quarterly for up to 401 weeks from your MMI date and are calculated based on the difference between 80% of your pre-injury AWW and your post-injury earnings. To maintain SIBs, you must demonstrate you are actively looking for work or participating in vocational rehabilitation.
Lifetime Income Benefits (LIBs)
For the most catastrophic injuries β including total and permanent loss of sight in both eyes, loss of both feet, both hands, or one foot and one hand, paraplegia, quadriplegia, or severe traumatic brain injury β Texas provides Lifetime Income Benefits paid at 70% of your AWW for the rest of your life, with annual cost-of-living increases.