Texas 2026 rate snapshot
- Wage replacement
- 70%
- Max weekly benefit
- $1,066
- Min weekly benefit
- $157
- Weekly rate at $1,200 AWW
- $840
Texas workers' comp is optional for employers
Texas settlement chart by injury
Each range below is the Texas statutory formula applied at a $1,200 average weekly wage: 70% of wages capped at $1,066 per week, multiplied by the scheduled weeks for the body part and the impairment rating, then loaded for typical medical exposure.
| Injury / procedure | Typical impairment | Scheduled weeks | Estimated settlement range |
|---|---|---|---|
Back strain / sprain (no surgery) Conservative care, physical therapy, no surgical intervention. | 2% - 8% | 6 - 25 | $6,028 - $24,111 |
Herniated disc (no surgery) Confirmed disc herniation managed with injections and therapy. | 5% - 12% | 16 - 37 | $16,380 - $39,312 |
Lumbar fusion surgery One or two level fusion with permanent work restrictions. | 15% - 30% | 47 - 94 | $58,968 - $117,936 |
Rotator cuff repair Arthroscopic repair with residual strength and range-of-motion loss. | 8% - 20% | 25 - 62 | $27,256 - $68,141 |
Shoulder replacement (incl. reverse) Total or reverse total shoulder arthroplasty with lifting limits. | 20% - 40% | 62 - 125 | $76,003 - $152,006 |
Knee arthroscopy / meniscus repair Scope with partial meniscectomy and residual instability. | 5% - 15% | 14 - 43 | $14,515 - $43,546 |
Total knee replacement Arthroplasty with permanent standing and walking restrictions. | 20% - 40% | 58 - 115 | $70,157 - $140,314 |
Carpal tunnel release One or both hands, with residual grip weakness or numbness. | 5% - 15% | 12 - 37 | $11,785 - $35,356 |
Finger amputation Partial or full loss of a digit, scheduled award. | 50% - 100% | 23 - 46 | $23,184 - $46,368 |
Ankle / foot fracture with hardware ORIF fracture repair with residual gait limitation. | 10% - 25% | 21 - 51 | $22,386 - $55,965 |
Concussion / mild TBI Post-concussive symptoms with cognitive or vestibular treatment. | 3% - 10% | 15 - 50 | $17,010 - $56,700 |
Severe traumatic brain injury Permanent cognitive deficits, often with lifetime medical exposure. | 25% - 60% | 125 - 300 | $189,000 - $453,600 |
Occupational hearing loss (both ears) Noise-induced loss with hearing-aid provision. | 10% - 35% | 20 - 70 | $18,480 - $64,680 |
What moves a Texas settlement up or down
- Your average weekly wage, and whether overtime, bonuses, and second-job income were included.
- Whether your weekly rate is capped at $1,066 - high earners lose leverage above the cap.
- The impairment rating assigned at Maximum Medical Improvement, and who assigned it.
- Projected future medical care and whether a Medicare set-aside is required.
- Whether compensability or causation is disputed by the carrier.
- Your ability to return to the same job in Texas at the same wage.
Texas settlement chart FAQ
How much is the average workers' comp settlement in Texas?+
Most Texas claims settle between $2,000 and $40,000, with surgical claims commonly in the $40,000 to $175,000 range. Texas pays 70% of your average weekly wage up to $1,066 per week in 2026, and that weekly rate is the multiplier behind every permanent disability award in the state, so higher-wage workers reach the cap and settle toward the top of each band.
How is a Texas settlement calculated?+
Multiply your average weekly wage by 70%, cap it at $1,066 per week, then multiply that weekly rate by your payable weeks. Payable weeks equal the statutory scheduled weeks for your body part times your impairment percentage. Past and projected future medical costs are added on top if you settle your medical rights.
What is the maximum weekly workers' comp benefit in Texas?+
The 2026 maximum weekly temporary total disability benefit in Texas is $1,066. The statutory minimum is $157 per week, or your full average weekly wage if it is lower. Texas workers' comp is optional for employers
Are workers' comp settlements taxable in Texas?+
No. Workers' compensation settlements are exempt from federal income tax under IRC Section 104(a)(1) and are not taxed by Texas. The only common exception is when part of the payment offsets Social Security Disability benefits, which can make a portion of your SSDI taxable.
When will the insurer offer a settlement in my Texas claim?+
Serious offers usually arrive after you reach Maximum Medical Improvement and receive a permanent impairment rating, typically 6 to 24 months post-injury depending on whether surgery was needed. Offers made before MMI rarely account for future medical exposure and are generally below chart value.
Do I need an attorney to settle a Texas workers' comp claim?+
You are not required to have one, but represented claims settle roughly 30% to 40% higher on average. The most common errors in Texas claims are an understated average weekly wage (overtime, bonuses, or a second job left out) and an impairment rating assigned by the carrier's own physician. Texas workers' comp attorneys work on contingency, so there is no upfront cost.
Is your Texas settlement offer below chart value?
Workers' comp attorneys work on contingency - you pay nothing unless they win. A free consultation could recover thousands in unpaid benefits.
No upfront cost. No obligation. Attorney fees only paid if you win.
Settlement charts in other states
These calculations are estimates based on your inputs and general workers' compensation formulas. Actual benefits depend on state law, your specific injury, employer insurance carrier, and other factors. This is not legal advice. Consult a licensed workers' compensation attorney for guidance specific to your claim.