Texas Workers’ Comp Weekly Benefit Calculator: The Definitive Guide (2026)
Quick Answer: In Texas, workers’ comp pays 70% of your average weekly wage (AWW), up to a maximum of $1,271.05 per week in 2026. That cap equals the Texas State Average Weekly Wage (SAWW) and resets every year on October 1. If your AWW is $1,815.79 or higher, you hit the ceiling regardless of your actual earnings.
This content is for informational purposes only and does not constitute legal advice. I am not a lawyer. Consult a licensed workers’ comp attorney in your state.
📣 From Shane: What 70% of Your Income Actually Feels Like
I was earning about $1,100 a week when I got hurt. On paper, 70% sounded survivable. In practice, I was bringing home $770 a week — and my mortgage, truck payment, and groceries hadn’t dropped 30%. The gap between “benefit calculation” and “keeping the lights on” is real and it hits fast.
Here’s what I wish someone had told me on day one: the number the insurance adjuster gives you is not always correct. Texas Labor Code § 408.041 defines how AWW must be calculated, and adjusters routinely shortcut it. A $50/week miscalculation compounds over a 104-week claim into a $5,200 underpayment. That’s not a rounding error — that’s money you are legally owed.
Budget immediately. Separate your “must-pay” bills from “can-defer” bills. Contact creditors before you miss payments. And verify every single number on your first benefit payment letter.
The Exact Calculation Formula
Texas workers’ comp weekly income benefits are called Temporary Income Benefits (TIBs) during the period you cannot work. The formula is straightforward; the inputs are where it gets complicated.
Step 1: Calculate Your Average Weekly Wage (AWW)
Under Texas Labor Code § 408.041, your AWW is calculated using your 13-week wage history immediately preceding the date of injury.
Formula:
AWW = Total wages earned in the 13 weeks before injury ÷ 13
Then:
Weekly Benefit = AWW × 70%
(Cannot exceed $1,271.05 in 2026)
What “Wages” Includes in Texas
| Income Type | Included in AWW? | Notes |
|---|---|---|
| Regular hourly wages | ✅ Yes | All hours worked |
| Overtime pay | ✅ Yes | Actual overtime earned, not estimated |
| Bonuses (production-based) | ✅ Yes | If regularly earned |
| Holiday/vacation pay paid out | ✅ Yes | If reflected in payroll records |
| Tips (reported) | ✅ Yes | Must appear in employer records |
| Second job wages | ⚠️ Sometimes | Included only if employer knew about it |
| Discretionary bonuses | ❌ No | One-time executive bonuses excluded |
| Employer-paid benefits (health ins.) | ❌ No | Not counted as wages |
| Per diem / expense reimbursement | ❌ No | Reimbursements are not wages |
Source: Texas Labor Code §§ 408.041–408.043; Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) Employer Handbook, 2024 edition.
Pre-Calculated Texas Workers’ Comp Benefit Table (2026)
The cap of $1,271.05 kicks in when your AWW exceeds $1,815.79 (because $1,815.79 × 70% = $1,271.05).
| Average Weekly Wage (AWW) | Weekly Benefit (70%) | At Maximum Cap? |
|---|---|---|
| $300 | $210.00 | No |
| $400 | $280.00 | No |
| $500 | $350.00 | No |
| $600 | $420.00 | No |
| $700 | $490.00 | No |
| $800 | $560.00 | No |
| $900 | $630.00 | No |
| $1,000 | $700.00 | No |
| $1,100 | $770.00 | No |
| $1,200 | $840.00 | No |
| $1,300 | $910.00 | No |
| $1,400 | $980.00 | No |
| $1,500 | $1,050.00 | No |
| $1,600 | $1,120.00 | No |
| $1,700 | $1,190.00 | No |
| $1,800 | $1,260.00 | No |
| $1,816+ | $1,271.05 | ✅ Yes — Capped |
| $1,900 | $1,271.05 | ✅ Yes — Capped |
| $2,000 | $1,271.05 | ✅ Yes — Capped |
| $2,100 | $1,271.05 | ✅ Yes — Capped |
| $2,200 | $1,271.05 | ✅ Yes — Capped |
| $2,300 | $1,271.05 | ✅ Yes — Capped |
| $2,400 | $1,271.05 | ✅ Yes — Capped |
| $2,500 | $1,271.05 | ✅ Yes — Capped |
| $2,600 | $1,271.05 | ✅ Yes — Capped |
| $2,700 | $1,271.05 | ✅ Yes — Capped |
| $2,800 | $1,271.05 | ✅ Yes — Capped |
| $2,900 | $1,271.05 | ✅ Yes — Capped |
| $3,000 | $1,271.05 | ✅ Yes — Capped |
What the Law Says vs. What Actually Happens
This is the section most guides skip. Don’t.
The law says: AWW is calculated from actual wages paid in the 13 weeks before injury, per § 408.041.
What adjusters actually do:
-
They use only base pay. Overtime and production bonuses are “forgotten” because they require pulling detailed payroll records. If you worked heavy overtime in weeks 8–13 before your injury, that must be included. Get your paystubs yourself.
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They use the wrong 13-week window. The 13 weeks must end on the date of injury. Some adjusters use the last 13 full payroll periods, which can be off by weeks.
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They exclude irregular weeks. If you had a week with no pay (vacation, minor illness), Texas law has a specific method for handling partial weeks under § 408.041(b). Adjusters sometimes just divide by 13 regardless, pulling your AWW down.
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They don’t ask about second jobs. Texas does allow wages from a second employer to be included in your AWW if your primary employer knew you held that second job at the time of injury. Most adjusters never ask. You have to assert this.
How to catch it: Request your employer’s certified wage statement (DWC Form-003) immediately. Compare every line to your actual paystubs. If the numbers don’t match, file a dispute through the TDI-DWC online dispute resolution portal.
Real Case Example: Fluctuating Hours + Overtime
Worker profile: Maria, a warehouse packager in Houston, earning $18/hour. Her hours fluctuate — some weeks 32 hours, others 50+ hours with overtime. She was injured on a Monday in week 14 of her employment.
Her 13-week payroll record:
| Week | Regular Hours | OT Hours | Gross Pay |
|---|---|---|---|
| 1 | 40 | 0 | $720.00 |
| 2 | 40 | 8 | $936.00 |
| 3 | 32 | 0 | $576.00 |
| 4 | 40 | 12 | $1,044.00 |
| 5 | 40 | 0 | $720.00 |
| 6 | 40 | 10 | $990.00 |
| 7 | 40 | 0 | $720.00 |
| 8 | 40 | 6 | $882.00 |
| 9 | 32 | 0 | $576.00 |
| 10 | 40 | 0 | $720.00 |
| 11 | 40 | 14 | $1,098.00 |
| 12 | 40 | 8 | $936.00 |
| 13 | 40 | 4 | $828.00 |
| Total | $10,746.00 |
AWW Calculation:
$10,746 ÷ 13 = $826.62
Weekly Benefit:
$826.62 × 70% = $578.63/week
What the adjuster tried to pay Maria: The adjuster used only her base $18/hour × 40 hours = $720/week and calculated $720 × 70% = $504/week. That is a $74.63/week underpayment — or $7,761.52 over a 104-week claim.
Maria caught this by comparing her paystubs to the DWC-003 wage statement. She filed a benefit dispute and had it corrected within 21 days.
Frequently Asked Questions
Q: Does Texas workers’ comp pay for the first week I’m out of work?
Direct Answer: Generally no — Texas has a 7-day waiting period before TIBs begin. However, if your disability extends beyond 14 days, you are retroactively paid for that first week.
Detailed Explanation: Under Texas Labor Code § 408.082, there is a mandatory 7-day waiting period before income benefits start. This means if you miss only 6 days of work, you receive zero income benefits — only medical benefits. If your injury keeps you out for 14 or more consecutive days, the waiting period is waived retroactively and you receive payment back to day one. This is a critical distinction. Many injured workers assume they’re simply not owed anything for the first week, accept it, and move on. Track your exact return-to-work date carefully and compare it to your first benefit payment letter. If your disability exceeded 14 days and you weren’t paid for the first week, contact the TDI-DWC at 1-800-252-7031 immediately. The statute of limitations for filing a benefit dispute in Texas is generally 1 year from the date the benefit was due.
Q: How does Texas handle Temporary Partial Income Benefits when I can work light duty but earn less?
Direct Answer: Texas pays Temporary Partial Income Benefits (TPIBs) at 70% of the difference between your pre-injury AWW and your current light-duty wages.
Detailed Explanation: Under Texas Labor Code § 408.101, if you return to work in a reduced capacity — say, light duty at fewer hours or lower pay — you are entitled to TPIBs. The formula is: (Pre-injury AWW − Current Earning Capacity) × 70%. For example, if your AWW was $900 and your light-duty pay is $500/week, the difference is $400, and your TPIB is $280/week. This protects you from employers who offer token light-duty assignments to eliminate your benefit entirely. Important: TPIBs are capped at the same $1,271.05 maximum as regular TIBs. TPIBs stop when you reach Maximum Medical Improvement (MMI), are released to full duty, or exhaust your 104-week benefit period — whichever comes first. Document all light-duty assignments, hours, and wages with pay stubs because disputes over “earning capacity” are one of the most common adjuster tactics.
Q: What happens to my benefits after 104 weeks in Texas?
Direct Answer: After 104 weeks, TIBs end. If you have a permanent impairment, you may qualify for Impairment Income Benefits (IIBs) or, in severe cases, Supplemental Income Benefits (SIBs).
Detailed Explanation: Texas workers’ comp has a strict benefit structure beyond the initial TIB period. At MMI, your treating doctor assigns an Impairment Rating (IR) using the AMA Guides. If your IR is 1% or higher, you receive IIBs equal to 70% of your AWW × 3 weeks per impairment percentage point. A 10% IR, for example, yields 30 weeks of IIBs. After IIBs expire, if your IR is 15% or higher AND you demonstrate an earnings loss of at least 15%, you may qualify for SIBs, paid quarterly. Lifetime Income Benefits (LIBs) exist only for catastrophic injuries (loss of both hands, both feet, total blindness, paralysis, or severe TBI) and pay 70
More Texas Workers Comp Resources
See Also
- Texas Workers’ Compensation: The Complete 2026 Guide for Injured Workers
- Workers’ Comp Settlement for Repetitive Stress Injury in Texas (2026 Guide)
- Texas Workers’ Comp Settlement for Occupational Disease: The Complete Guide (2026)
- Workers’ Comp Settlement for Burns in Texas: The Definitive Guide (2026)
- How Long Can You Receive Workers’ Comp Benefits in Texas? The Complete Timeline
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