How Texas Workers' Comp Settlements Work
Texas is unique because it is the only state in the country that does not mandate private employers to carry workers' compensation insurance. Employers who choose to opt out of the state system are known as "non-subscribers."
If your employer carries standard workers' compensation, Texas pays up to 70% of your Average Weekly Wage (AWW) for TTD benefits, capped at a maximum weekly amount of $1,066 for 2026. If your employer is a non-subscriber, you cannot file a standard workers' comp claim. Instead, you have the right to file a personal injury lawsuit against your employer in civil court where you can recover full damages, including pain and suffering, with no statutory caps.
For subscribers, permanent benefits are paid as Impairment Income Benefits (IIBs) once you reach Maximum Medical Improvement (MMI). You receive three weeks of benefits for every percentage point of impairment assigned by your doctor.