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★ Texas · workplace

Workplace settlements
in Texas.

By Reviewed by Abd Shanti, Founder9 min read

Texas lets private employers opt out of workers’ compensation. Covered workers get up to $1,271 a week through September 2026 and $1,314 from October; workers at nonsubscribers can sue for negligence instead.

Facts that decide a workplace claim in Texas

Weekly maximum$1,271 for 1 October 2025 to 30 September 2026 and $1,314 for 1 October 2026 to 30 September 2027, equal to the state average weekly wage.Texas Department of Insurance, state average weekly wage and maximum and minimum benefits
Weekly minimum$191 through September 2026 and $197 from October 2026.Texas Department of Insurance, state average weekly wage and maximum and minimum benefits
NonsubscribersAn employer without workers’ compensation can be sued for negligence, but the employee must still prove the employer breached a duty that caused the injury.Kroger Co. v. Elwood (Tex. 2006)
Deadline to sueA person must bring suit for personal injury “not later than two years after the day the cause of action accrues,” and must use diligence to serve the defendant.Tex. Civ. Prac. & Rem. Code § 16.003(a), as quoted in Carias v. Owens (Tex. App. 2022)
united states · sister site
Your workplace claim in Texas. See the number for your own case.

FairSettlement gives you a free estimate for your own workplace case in about two minutes, no cost and no obligation.

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★ TX · reported workplace outcomes

What Texas courts have awarded.

Real Texas decisions and verdicts, each linked to the court record or official report.

  • Kroger Co. v. Elwood
    Texas Supreme Court · 2006
    Verdict for worker reversed; judgment for Kroger

    Billy Elwood, a courtesy clerk, was loading groceries into a customer’s car with one hand in the doorjamb and a foot on the cart to stop it rolling down the lot’s slope when the customer shut the door on his hand. Kroger was a nonsubscriber, so he sued for negligence and won at trial. The Supreme Court held Kroger had no duty to warn him and no evidence showed more equipment or help was needed, and rendered judgment for Kroger.

  • Rudolph Automotive v. Juarez
    Texas Court of Appeals · 2025
    Judgment reversed and remanded

    In a dealership lot, a vehicle driven by an employee struck Villegas, who suffered a traumatic brain injury and paralysis and lived in a nursing home until her death in 2020. The dealership had no workers’ compensation insurance and could be sued for negligence, but the jury found the driver was not acting in the course and scope of employment. The trial court disregarded that finding; the Court of Appeals reversed and remanded.

★ TX · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Texas.

  1. 1

    Find out whether your employer subscribes. If not, you can sue for negligence, but Elwood shows you must still prove a real breach of duty.

  2. 2

    Course and scope decides employer liability. Rudolph turned on whether the employee driver was working when he struck Villegas.

  3. 3

    Benefits for covered workers are capped at the state average weekly wage, which changes every 1 October.

★ TX · statute of limitations
2 years from date of injury

Tex. Civ. Prac. & Rem. Code § 16.003

★ TX · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ TX · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Texas.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How Texas's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Texas · you are hereModified comparative, 51% bar2 years from date of injury—
VirginiaPure contributory negligence2 years from date of injuryVA · workplace →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · workplace →
AlabamaPure contributory negligence2 years from date of injuryAL · workplace →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · workplace →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · workplace →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · workplace →
VermontModified comparative, 51% bar3 years from date of injuryVT · workplace →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · workplace →
WyomingModified comparative, 51% bar4 years from date of injuryWY · workplace →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · workplace →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · workplace →
WashingtonPure comparative negligence3 years from date of injuryWA · workplace →
★ TX · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt at work in Texas? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

Sources

Checked 2026-09-29.

★ all of TX
Texas overview

Fault rule, statute, caps, and key facts for Texas as a whole.

★ national frame
Workplace in United States

Workplace band structure and severity tiers at the US level.

★ all 15 countries
Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Texas. See /methodology, /sources, and /disclaimer.