The Texas workers compensation act — formally the Texas Texas Workers’ Compensation Act, found at Texas Labor Code, Title 5, Subtitle A (Chapters 401–419); retaliation protections are in Subtitle B, Chapter 451 — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Texas workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Texas at a Glance
| Official name | Texas Workers’ Compensation Act |
| Where it lives | Texas Labor Code, Title 5, Subtitle A (Chapters 401–419); retaliation protections are in Subtitle B, Chapter 451 |
| First enacted | 1913 |
| Reporting deadline | 30 days after the injury, to the employer or a supervisor. Labor Code §409.001 |
| Filing deadline | 1 year after the injury, filed with DWC. Labor Code §409.003 |
| Exclusive remedy | Labor Code §408.001. Workers comp is the exclusive remedy against a covered employer and its agents and employees. Exception: the surviving spouse or heirs of a deceased employee may recover exemplary damages if the employer’s intentional act or omission, or its gross negligence, caused the death. |
In This Texas Guide:
What the Texas Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Texas workers compensation act dates to 1913.
It lives at Texas Labor Code, Title 5, Subtitle A (Chapters 401–419); retaliation protections are in Subtitle B, Chapter 451, and the official text is linked in the sources. Texas is the only state where private employers can generally opt out of workers comp entirely (nonsubscription, §406.002).
Covered employers must tell every employee whether they have coverage, at hire and by workplace posting, and must give written notice within 15 days after coverage is obtained, terminated or canceled (§406.005). The weekly maximum benefit is set each year under §408.061, so confirm the current figure with DWC. Injured workers may also get free help from the Office of Injured Employee Counsel ombudsman program (Labor Code Ch. 404).
Confirm your situation with TDI-DWC and a licensed attorney.
Who the Texas Workers Compensation Act Covers
Labor Code §406.002. Coverage is generally optional for private employers, with no headcount threshold. Public employers must provide it. Employers who opt out are called “nonsubscribers.” Labor Code §406.091 (exempt employees, such as certain domestic and casual workers, with optional coverage). Farm and ranch employees are covered under Subchapter H (§406.141 and following).
Deadlines in the Texas Workers Compensation Act
Waiting period: Labor Code §408.082. No income benefits for the first 7 days of disability. Those 7 days are paid only if disability lasts 2 weeks or more, and benefits accrue starting on the 8th day.. Wage-loss rate: Labor Code §408.103. 70 percent of the difference between the average weekly wage and post-injury weekly earnings. For the first 26 weeks it is 75 percent for certain low-wage workers.
Benefits are subject to the yearly maximum and minimum in §408.061 and §408.062..
Texas Workers Compensation Act: Key Sections at a Glance
The sections of the Texas workers compensation act that decide most cases, each with its citation:
| Coverage mandate | Labor Code §406.002. Coverage is generally optional for private employers, with no headcount threshold. Public employers must provide it. Employers who opt out are called “nonsubscribers.” |
| Exemptions | Labor Code §406.091 (exempt employees, such as certain domestic and casual workers, with optional coverage). Farm and ranch employees are covered under Subchapter H (§406.141 and following). |
| Report an injury | 30 days after the injury, to the employer or a supervisor. Labor Code §409.001 |
| File a claim | 1 year after the injury, filed with DWC. Labor Code §409.003 |
| Waiting period | Labor Code §408.082. No income benefits for the first 7 days of disability. Those 7 days are paid only if disability lasts 2 weeks or more, and benefits accrue starting on the 8th day. |
| Wage-loss rate | Labor Code §408.103. 70 percent of the difference between the average weekly wage and post-injury weekly earnings. For the first 26 weeks it is 75 percent for certain low-wage workers. Benefits are subject to the yearly maximum and minimum in §408.061 and §408.062. |
| Exclusive remedy | Labor Code §408.001. Workers comp is the exclusive remedy against a covered employer and its agents and employees. Exception: the surviving spouse or heirs of a deceased employee may recover exemplary damages if the employer’s intentional act or omission, or its gross negligence, caused the death. |
| Retaliation | Labor Code §451.001 bars firing or discriminating against an employee who in good faith files a claim, hires a lawyer, or testifies. Under §451.002 the employer is liable for reasonable damages, and a fired employee is entitled to reinstatement. |
| Uninsured employer penalty | Texas does not fine private employers just for lacking coverage. Under Labor Code §406.033, a nonsubscriber sued for a work injury cannot use the defenses of contributory negligence, assumed risk, or negligence of a fellow employee. Failing to give the notices required by §406.005 is an administrative violation. |
| Who hears disputes | Labor Code Chapter 410. DWC handles disputes in stages: benefit review conference (§410.021 and following), contested case hearing (§410.151 and following), and appeals panel (§410.201 and following). Judicial review in district court follows (§410.251 and following). |
The Exclusive-Remedy Bargain in the Texas Workers Compensation Act
Labor Code §408.001. Workers comp is the exclusive remedy against a covered employer and its agents and employees. Exception: the surviving spouse or heirs of a deceased employee may recover exemplary damages if the employer’s intentional act or omission, or its gross negligence, caused the death.
Retaliation and Penalties Under the Texas Workers Compensation Act
Labor Code §451.001 bars firing or discriminating against an employee who in good faith files a claim, hires a lawyer, or testifies. Under §451.002 the employer is liable for reasonable damages, and a fired employee is entitled to reinstatement. Texas does not fine private employers just for lacking coverage.
Under Labor Code §406.033, a nonsubscriber sued for a work injury cannot use the defenses of contributory negligence, assumed risk, or negligence of a fellow employee. Failing to give the notices required by §406.005 is an administrative violation. Labor Code Chapter 410. DWC handles disputes in stages: benefit review conference (§410.021 and following), contested case hearing (§410.151 and following), and appeals panel (§410.201 and following).
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Judicial review in district court follows (§410.251 and following).
Recent Amendments to the Texas Workers Compensation Act
No amendment to the Texas workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
How to Read the Texas Workers Compensation Act
Statute pages are written for lawyers, so read the Texas workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Texas workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Texas claim guide turns these sections into steps and dates, and the Texas requirements guide covers the employer side.
Frequently Asked Questions
Where is the Texas workers compensation act in the code?
Texas Labor Code, Title 5, Subtitle A (Chapters 401–419); retaliation protections are in Subtitle B, Chapter 451. The sources below link to the official text.
How long do I have to report a work injury under the Texas act?
30 days after the injury, to the employer or a supervisor. Labor Code §409.001. Report in writing as soon as possible either way.
Can I sue my employer instead of using the Texas workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Texas Sources & Resources
- Texas Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC): https://www.tdi.texas.gov/wc/index.html
- Texas Workers’ Comp Statute: https://www.tdi.texas.gov/wc/act/documents/act89.pdf
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Texas workers compensation act guide was last verified against official Texas sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.