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Workers' Compensation Summary - Texas

The Texas Department of Insurance (TDI), Division of Workers' Compensation administers the Texas Workers' Compensation Act. This new division at TDI assumed the responsibilities of the former Texas Workers' Compensation Commission effective September 1, 2005. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in Texas. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the Division of Workers' Compensation, and is believed current as of January 2011.

In Texas, compensation benefits are adjusted annually, and changes normally become effective October 1 of each year. The rates shown below are in effect from October 1, 2010 to September 30, 2011.

Type of Law and Insurance Requirements

In Texas, workers' compensation is elective, and no waivers are permitted. The law provides for mandatory workers' compensation coverage under Title 25 of State statutes regarding rules and regulations for "Carriers" (Article 911- A, Sec. II, Motor Bus Transportation and Regulations by the Railroad Commission). There is a competitive state fund. Employers may insure through private carriers or self-insurance, but not through groups of employers. There is no exemption for employers with small numbers of employees.

Coverage of Agricultural Workers

Covers farm or ranch laborers who are migrant workers, or who are seasonal workers (under certain conditions), or who are employed by an employer with a certain minimum gross annual payroll for the preceding year, except farm or ranch workers who are employees of an independent contractor.

Coverage of Domestic Employees

Employers are permitted to provide voluntary coverage.

Medical Benefits

Full medical benefits are provided with no time or monetary limitations.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is 70% of worker's earnings over $8.50/hour and 75% for all others. For weekly payments, the minimum is $115 (15% of SAWW) and the maximum is $766, 100% of SAWW. The maximum period of payments is 104 weeks, or upon reaching medical improvement, whichever is sooner. The 104 week limit may be extended if spinal surgery is involved.

Benefits for Permanent Total Disability (PTD)

The percentage of worker's wage paid is 75. For weekly payments, the minimum is $115 (15% of SAWW) and the maximum is $766, 100% of SAWW. The maximum period of payments is life for injuries listed in statute as constituting PTD; otherwise it is 401 weeks.

Benefits for Permanent Partial Disability (PPD)

The percentage of worker's wage paid is 70% of worker's earnings over $8.50/hour and 75% for all others. For weekly payments, the minimum is $115 (15% of SAWW) and the maximum is $536, 70% of SAWW. For non-scheduled injuries, the maximum period of payments is 401 weeks and the maximum total payment amount is $214,936.

Disfigurement Benefits

Texas laws cover "Any disfigurement that will impair the future usefulness or occupational opportunities of the injured employee". Benefits are 66-2/3 percent of employee's average weekly wages not to exceed the maximum weekly benefit, multiplied by the percentage of incapacity, for a maximum period of 300 weeks.

Contact Information

Division of Workers' Compensation Central Office
7551 Metro Center Drive, Suite 100
Austin, TX 78744-1609

Phone: (512) 804-4000
Fax: (512) 804-4001

Internet: http://www.tdi.state.tx.us/wc/

Additional Information

A table of historical compensation benefit levels is available at:
http://www.tdi.state.tx.us/wc/employee/maxminbens.html

Texas Workers' Compensation Rules are available online at:
http://www.tdi.state.tx.us/wc/rules/tableofcontents/rulesoptions.html

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Information for this topic was drawn from pages of the TDI Division of Workers' Compensation website at:
http://www.tdi.state.tx.us/wc/

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