Texas · rates verified August 24, 2026

Texas workers' comp settlement chart

Texas uses impairment income benefits (IIBs), not a body-part schedule: 3 weeks of benefits per percentage point of your whole-body impairment rating, paid at 70% of your average weekly wage, capped at the state maximum.

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Texas pays 70% of your average weekly wage (not the two-thirds most states use), capped at $890/week for impairment income benefits.

The current numbers

Texas comp rates and formula

ItemValue
IIB weekly maximum (FY Oct 2025–Sep 2026)$890, rises to $920 for injuries on/after 10/1/2026 (70% of the $1,314.32 state average weekly wage)
TIB (temporary) weekly maximum$1,271, rises to $1,314 on 10/1/2026
Formula3 weeks × each impairment point, at 70% of AWW
Attorney fee cap25% of recovery (Labor Code §408.221)

Before you settle

A comp settlement trades future benefits for a lump sum. Three checks first: does the settlement close your future medical rights (a fair-looking number can be terrible if it does)? Is your impairment rating solid, given that insurer doctors rate low and you can usually challenge with an independent exam? And was anyone besides your employer involved, because a third-party claim pays pain and suffering that comp never does.

SourcesTex. Labor Code §408.121 (IIBs) · TDI-DWC maximum benefit rates · Reviewed August 24, 2026. Rates change every year, so verify against the agency source before relying on them. Not a law firm; not legal advice.
Common questions

FAQ

How is a workers' comp settlement calculated in Texas?

Texas uses impairment income benefits (IIBs), not a body-part schedule: 3 weeks of benefits per percentage point of your whole-body impairment rating, paid at 70% of your average weekly wage, capped at the state maximum. Settlements then negotiate around that formula number, down for present-value and disputed ratings, up when the insurer wants to close future medical exposure.

What is the maximum workers' comp rate in Texas?

IIB weekly maximum (FY Oct 2025–Sep 2026): $890, rises to $920 for injuries on/after 10/1/2026 (70% of the $1,314.32 state average weekly wage) · TIB (temporary) weekly maximum: $1,271, rises to $1,314 on 10/1/2026 · Formula: 3 weeks × each impairment point, at 70% of AWW · Attorney fee cap: 25% of recovery (Labor Code §408.221)

Can I sue outside workers' comp in Texas?

Not your employer, in most cases, because comp is the exclusive remedy. But if anyone else contributed to the injury (a negligent driver, a defective machine's manufacturer, a subcontractor), a third-party claim can pay full damages including pain and suffering, alongside the comp claim. That's the most commonly missed money in work-injury cases.

What do workers' comp lawyers charge in Texas?

25% of recovery (Labor Code §408.221)