Quick Answer
Complete guide to Texas workers' compensation benefits including Temporary Income Benefits, Impairment Income Benefits, Supplemental Income Benefits, death benefits, and medical treatment coverage.
Texas uses a unique income benefit system different from most states. Understanding the four types of income benefits—Temporary Income Benefits (TIB), Impairment Income Benefits (IIB), Supplemental Income Benefits (SIB), and Lifetime Income Benefits (LIB)—ensures you receive all benefits you're entitled to.
Medical Benefits
Coverage: All reasonable and necessary medical treatment related to your injury
No time limit: Medical care continues for life as long as needed
Includes:
- Doctor visits
- Hospital care
- Surgery
- Medication
- Physical therapy
- Medical equipment (crutches, wheelchair, etc.)
- Mileage reimbursement
Doctor selection: Choose from insurance carrier's network
No co-pays or deductibles: Insurance pays all approved treatment
Temporary Income Benefits (TIB)
When you qualify: Cannot work or have reduced earnings due to injury
Waiting period: First 7 days of disability (no benefits)
Exception: If disabled more than 14 days, retroactive payment for first 7 days
Benefit amount: 70% of average weekly wage (AWW)
Maximum weekly benefit (2026): $1,239 (capped)
Minimum: $154/week
Duration: Until you reach Maximum Medical Improvement (MMI)
Example: AWW $1,500/week → TIB = $1,050/week (70% of $1,500)
Example: AWW $2,000/week → TIB = $1,239/week (hits maximum cap)
Impairment Income Benefits (IIB)
When you qualify: Permanent impairment rating assigned at MMI
Duration: 3 weeks for each 1% of impairment rating
Benefit amount: 70% of average weekly wage (same as TIB)
Maximum: $1,239/week (2026)
Calculation:
- 10% impairment → 30 weeks of IIB (10 × 3)
- 25% impairment → 75 weeks of IIB (25 × 3)
- 40% impairment → 120 weeks of IIB (40 × 3)
Example: 15% impairment, AWW $1,200/week → $840/week × 45 weeks = $37,800 total
Payment schedule: Bi-weekly
No lump sum: Texas generally doesn't allow lump sum settlements for income benefits
Supplemental Income Benefits (SIB)
When you qualify: After IIB ends, if both conditions met:
- Impairment rating 15% or greater
- You cannot earn 80% of pre-injury wages due to impairment
Benefit amount: 80% of difference between pre-injury wages and current earnings
Maximum: $1,239/week (2026)
Duration: 13-week periods, renewable if continue to qualify
Lifetime maximum: Total of 401 weeks (about 7.7 years)
Work search requirement: Must document efforts to find work within restrictions
Calculation:
- Pre-injury wages: $1,000/week
- Current earnings: $400/week
- Difference: $600/week
- SIB: 80% × $600 = $480/week
Quarterly reapplication: Must file SIB-04 form every 13 weeks to continue
Lifetime Income Benefits (LIB)
When you qualify: Total and permanent loss of:
- Both hands
- Both feet
- Both eyes
- One hand and one foot
- One hand and one eye
- One foot and one eye
- Paralysis
- Third-degree burns over 40% of body
- Traumatic brain injury with permanent vegetative state
Benefit amount: 75% of average weekly wage
Maximum: $1,239/week (2026)
Duration: For life (until death)
Rare: Very few injuries qualify for LIB
Death Benefits
When payable: Employee dies from work-related injury
Eligible beneficiaries:
- Surviving spouse
- Children under 18 (or older if disabled)
- Other dependents
Benefit amount: Spouse and children: 75% of deceased's AWW
Maximum: $1,239/week (2026)
Duration:
- Spouse: Until death or remarriage
- Children: Until age 18 (25 if full-time student)
Burial expenses: Up to $10,000
Lump sum option: Spouse may request one-time payment
Find Out If You Have a Case
Not sure if your employer broke the law or what your claim is worth? Get a free, no-obligation evaluation from an experienced employment attorney.
Average Weekly Wage (AWW) Calculation
What it is: Your average earnings used to calculate income benefits
Calculation: Total wages in 13 weeks before injury ÷ 13
Includes: Regular wages, overtime, bonuses, commissions
Excludes: Tips, expense reimbursements
Part-time workers: AWW based on actual part-time wages, not full-time equivalent
Multiple jobs: May include wages from all jobs
Example:
- Total wages last 13 weeks: $19,500
- AWW: $19,500 ÷ 13 = $1,500/week
Maximum Medical Improvement (MMI)
Definition: Condition has stabilized, unlikely to improve significantly
Who decides: Treating doctor assigns MMI date
Triggers: End of TIB, beginning of impairment rating and IIB
Impairment rating: Doctor assigns permanent impairment percentage (0-100%)
Uses: AMA Guides to Evaluation of Permanent Impairment
Learn more: Maximum Medical Improvement in Texas
Vocational Rehabilitation
Not a cash benefit: Services to help return to work
When available: If cannot return to previous job
May include:
- Job search assistance
- Resume writing
- Interview training
- Skills assessment
Not mandatory: Insurance carrier discretion
No tuition/retraining: Texas doesn't provide retraining benefits (unlike California)
Return to Work Programs
Modified duty: Employer may offer light duty within restrictions
Can refuse if: Doctor says you cannot work at all
Cannot refuse if: Doctor clears you for light duty and employer offers suitable work
Benefit reduction: If refuse suitable work, may lose income benefits
Learn more: Returning to Work in Texas
Benefits Comparison Table
| Benefit Type | When Payable | Amount | Duration |
|---|---|---|---|
| TIB | Cannot work, before MMI | 70% AWW | Until MMI |
| IIB | Permanent impairment at MMI | 70% AWW | 3 weeks × impairment% |
| SIB | After IIB, 15%+ rating, can't earn 80% | 80% of wage loss | 13-week periods, max 401 weeks |
| LIB | Catastrophic permanent injury | 75% AWW | Lifetime |
| Death | Death from injury | 75% AWW | Until spouse death/remarriage |
Maximum weekly benefit (all types): $1,239 (2026)
What Benefits Don't Cover
Pain and suffering: Not compensable in workers' comp
Punitive damages: Not available
Full wage replacement: Only 70-80% of wages
Retraining: No tuition or education benefits
Non-subscriber option: If employer doesn't have workers' comp, can sue for full damages
FAQs
Q: How much will I receive in Texas workers' comp? A: 70% of your average weekly wage for TIB/IIB, up to maximum $1,239/week (2026).
Q: How long do workers' comp benefits last in Texas? A: Temporary benefits until MMI. Impairment benefits for 3 weeks per 1% impairment. Supplemental benefits up to 401 weeks if qualify.
Q: Can I get a lump sum settlement in Texas? A: Generally no for income benefits, but possible for medical in some cases.
Q: What if I can never work again? A: May qualify for Lifetime Income Benefits if meet catastrophic injury criteria, or long-term SIB.
Q: Do I pay taxes on workers' comp benefits? A: No, income benefits are not taxable.
Q: What's the maximum workers' comp benefit in Texas? A: $1,239/week maximum for all income benefit types (2026).
Q: Can I get benefits if I work part-time? A: Yes, but AWW based on actual part-time wages.
Q: What if I have a pre-existing condition? A: You can still receive benefits, but impairment rating may be apportioned.
Related Topics
- Filing a Texas Workers' Comp Claim
- Returning to Work in Texas
- Maximum Medical Improvement
- Texas Workers' Compensation Overview
Legal Disclaimer
This guide provides general information about Texas workers' compensation benefits. Benefit calculations are complex and depend on your specific circumstances. Consult a qualified Texas workers' compensation attorney to ensure you receive all benefits you're entitled to.
Last updated: January 5, 2026
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