Workers' Compensation: Texas
Federal law and guidance on this subject should be reviewed together with this section.
Author: Nicole Farley, Fisher Phillips.
- Texas employers that elect not to carry workers' compensation insurance must post a specific notice in the workplace, but all employers are required to notify employees of other developments related to workers' compensation. See Notice Requirements.
- Texas does not require most employers to carry workers' compensation insurance, though customers may require proof of unemployment insurance from employers in exchange for their agreement to do business. Employers who elect to obtain insurance are often referred to as "subscribing employers." See Covered Employers.
- Most employees are covered by workers' compensation insurance, if the employer is required to obtain insurance or it elects to obtain insurance, with some exceptions. See Covered Employees.
- Texas workers' compensation system is a no-fault system. Compensability is based on whether sufficient proof exists to establish that an injury or disease arose out of and in the course and scope of employment. See Compensable Injuries.
- Employers who elect to carry workers' compensation insurance may not be liable for certain injuries incurred under specific circumstances. See Subscribing Employer Defenses to Workers' Compensation Claims.
- An employee who is injured while working for a non-subscribing employer must prove negligence of the employer in order to be eligible for compensation. A negligent employer has limited defenses against liability. See Non-Subscribing Employer Defenses to Work Injuries.
- An injured employee is entitled to all health care reasonably required by the nature of the injury. See Medical Benefits.
- Injured employees are entitled to partial payment of wages lost due to time off because of the injury. Benefits are calculated on the employee's average weekly wage at the time of the injury. See Other Benefits.
- An employee may waive coverage under workers' compensation in order to recover damages under common law. This must be done in writing within five days after being employed. See Employee's Right to Other Causes of Action.
- Texas law provides several levels of claims-dispute resolution. See Claims Procedure.
- Insurance companies that write workers' compensation insurance policies must maintain and provide accident-prevention services. See Accident Prevention Services.
- Texas law prohibits employers from taking retaliatory action against employees who make claims for workers' compensation. However, in order to prevail on an action for wrongful discharge in retaliation for a workers' compensation claim, the employee must overcome a steep evidentiary burden. See Retaliation for Workers' Compensation Claims.