AUSTIN WORKERS' COMP — WHAT YOU NEED TO KNOW
Texas workers' compensation is administered by the Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC). Many Texas employers — including major construction companies and retailers — opt out ("non-subscribers"). Non-subscriber employees can sue their employers in civil court and recover pain and suffering in addition to medical and lost wages.
Report your injury immediately. You must report a workplace injury to your employer within 30 days in Texas. The claim must be filed with TDI-DWC within 1 year. Missing these deadlines can bar your claim entirely.
Benefits Available Under Texas Workers' Comp
Medical benefitsAll reasonable and necessary medical treatment for your work injury
Income benefitsTemporary income benefits (TIBs) at 70% of your average weekly wage while disabled
Impairment income benefitsBenefits based on your permanent impairment rating after reaching maximum medical improvement
Supplemental income benefitsAdditional benefits if you remain significantly impaired after the impairment period
Death benefitsCompensation for surviving spouse and children when a workplace injury causes death
Non-subscriber claimsIf your employer does not carry workers' comp, you can sue for full damages including pain and suffering
Most Common Austin Workplace Injury Scenarios
1
Construction Accidents
Austin's construction boom makes it one of Texas's most active markets — falls, equipment failures, and electrocution claims are frequent.
2
Tech Campus Injuries
Slip and falls, ergonomic injuries, and accidents at Austin's tech campuses from Tesla to Apple to Oracle.
3
Restaurant & Hospitality
Burns, cuts, slip and falls at Austin's thriving restaurant and hotel industry.
4
Delivery & Logistics
Amazon, FedEx, UPS, and local delivery workers face high accident rates on Austin's congested streets.
5
Healthcare Workers
Nurses and hospital staff face back injuries, needle sticks, and patient handling injuries.
What Insurance Companies Do to Reduce Workers' Comp Claims
Dispute whether the injury occurred at work or was pre-existing
Send you to company-friendly doctors who minimize your injury rating
Pressure you to return to work before you're medically ready
Dispute the average weekly wage calculation to reduce your income benefits
Delay approving medical treatment until you give up
Challenge your impairment rating to reduce permanent disability benefits
Frequently Asked Questions
Does my employer have to carry workers' comp in Texas?▾
No. Texas is the only state where private employers can opt out. If your employer is a non-subscriber, you can sue them in civil court and recover pain and suffering.
What is the deadline to file a workers' comp claim in Texas?▾
You must report your injury within 30 days and file a claim with TDI-DWC within 1 year of the injury date. Missing either deadline can bar your claim.
What if my workers' comp claim is denied in Austin?▾
You can dispute a denial through the TDI-DWC dispute resolution process. An attorney represents you at the Benefit Review Conference and Contested Case Hearing.
Can I be fired for filing a workers' comp claim in Texas?▾
It is illegal under Texas Labor Code § 451.001 to retaliate against an employee for filing a workers' comp claim. If you're fired after filing, you may have a separate retaliation claim.
Can I sue my employer instead of filing workers' comp?▾
If your employer subscribes to workers' comp, you generally cannot sue them. However, if they are a non-subscriber, you can sue for full damages.
What are income benefits under Texas workers' comp?▾
Temporary Income Benefits (TIBs) pay 70% of your average weekly wage while you are totally or partially disabled. Impairment Income Benefits pay based on your impairment rating.