Texas Workers' Comp · Injury Claim
Fall / Slip & Trip at work in Texas?Here's what the law actually says you're owed.
Reviewed by: Sandra R. Cervantes, Esq.
Workers' Compensation Attorney · TX Bar #24087632 · 16 yrs exp.
Last reviewed: January 2026 · Verified against state DWC regulations
Find out what your fall / slip & trip claim is worth. Texas workers typically receive $8,000–$75,000. Free, no-obligation assessment.
$8,000
Avg low
$75,000
Avg high
1 year
Deadline
Estimate your Texas-specific benefits:
Which state were you injured in?
Workers' comp laws vary significantly by state.
Max weekly benefit: $1,066/week
Filing deadline: 1 year from injury
Compensation system: AMA
70%
of avg weekly wage (TTD)
$1,066
max weekly benefit
15%
typical attorney fee
1
filing deadline
Texas Workers' Comp Law — Key Facts
Governing statute: Texas Labor Code § 406
TTD rate: 70% of average weekly wage
Maximum weekly benefit: $1,066
Statute of limitations: 1 year from injury
Filing deadline: Report to employer within 30 days
Key features of Texas's system:
- ✓ Employer opt-out system — verify your employer subscribes
- ✓ Impairment Income Benefits (IIBs) based on AMA 4th Ed.
- ✓ 104-week Temporary Income Benefit cap before permanent rating
Texas is the only state where employer participation in the workers' compensation system is optional (non-subscriber employers lose common-law defenses and can face tort suits). Subscribing employers are governed by the Texas Department of Insurance, Division of Workers' Compensation (DWC). Texas uses the AMA Guides, 4th Edition for impairment ratings. Injured workers have one year from the injury date to file a claim with the DWC.
What to Expect with Fall / Slip & Trip in Texas
18%
Average impairment rating
$35,000
Average medical costs
Falls — from elevation (ladders, scaffolding, roofs) and on the same level (slips and trips) — are the leading cause of fatal and non-fatal occupational injuries across all industries. Fall injuries typically involve multiple body parts simultaneously: fractures of the hip, wrist, shoulder, and spine are common when a worker cannot brace effectively. Falls from significant height (above 10 feet) have a high probability of causing TBI along with orthopedic injuries, which dramatically increases claim value. OSHA requires fall protection for work at heights above 6 feet in construction. Employer failure to provide guardrails, harnesses, or proper scaffolding is a statutory violation that can support a third-party negligence claim against a general contractor.
Common treatments
- ✓ Fracture reduction and fixation (ORIF)
- ✓ Spinal stabilization surgery
- ✓ Hip replacement (for femoral neck fractures)
- ✓ Neurological evaluation for TBI
- ✓ Physical and occupational therapy
- ✓ Pain management
Documentation needed
- ✓ Emergency room and hospitalization records
- ✓ Imaging studies (X-ray, CT, MRI) for each injured body part
- ✓ OSHA incident report
- ✓ Photographs of the fall location and conditions
- ✓ Witness statements
- ✓ Safety equipment log (showing absence of required fall protection)
How Much Is a Fall / Slip & Trip Workers' Comp Settlement in Texas?
In Texas, fall / slip & trip workers' comp settlements typically range from $8,000 to $75,000. The average settlement is approximately $41,500, though severe cases involving surgery or permanent disability can exceed $75,000. Texas pays TTD at 70% of your average weekly wage, capped at $1,066/week under Texas Labor Code Chapter 408. Filing deadline: 1 year from injury from date of injury.
Texas Fall / Slip & Trip Workers' Comp Settlement Ranges by Severity
| Severity Level | Typical Settlement Range |
|---|---|
| Minor (no surgery, returned to work < 2 weeks) | $8,000 – $28,100 |
| Moderate (PT required, partial restrictions) | $28,100 – $48,200 |
| Severe (surgery or 3+ months off work) | $48,200 – $75,000 |
| Catastrophic (permanent disability) | $75,000+ — attorney required |
What Determines a Fall / Slip & Trip Workers' Comp Settlement in Texas?
- ✓Impairment rating assigned by your doctor
- ✓Average weekly wage before injury
- ✓Texas’s TTD rate (70%)
- ✓Whether claim was accepted or denied
- ✓Treatment status (pre-MMI vs. post-MMI)
- ✓Whether you have legal representation
How to File a Workers' Comp Claim in Texas After Fall / Slip & Trip
- 1Report your injury to your employer within 30 days
- 2Seek medical treatment from an authorized provider
- 3File DWC claim form within 1 year from injury of the injury date
- 4Document all symptoms, treatments, and work limitations
- 5Do not sign any settlement without attorney review
What if my fall / slip & trip claim was denied in Texas?
Denied claims are common — and most are overturned with the right documentation. In Texas, you have the right to appeal to the TX Dept of Insurance, Division of Workers Comp within 1 year from injury of the original injury date under Texas Labor Code Chapter 408. Common reasons for denial include late reporting, missing medical documentation, or employer disputes.
- →Request a copy of the denial letter and reason
- →File an appeal with the TX Dept of Insurance, Division of Workers Comp
- →Gather all medical records and doctor notes
- →Contact a workers’ comp attorney — most take cases on contingency
Workers' comp coverage by employment type in Texas
Frequently asked questions
How much is a fall / slip & trip workers' comp settlement in Texas?
In Texas, fall / slip & trip workers' comp settlements typically range from $8,000 to $75,000, depending on impairment rating and treatment status. Texas pays TTD at 70% of your average weekly wage, capped at $1,066/week under Texas Labor Code Chapter 408.
What is the average workers' comp settlement for fall / slip & trip in Texas?
Texas workers with fall / slip & trip typically settle between $8,000 and $75,000, depending on impairment rating, treatment costs, and lost wages. Cases involving surgery, permanent disability, or denied claims that are later appealed tend to settle higher.
How long do I have to file a workers' comp claim in Texas?
In Texas, you have 1 year from injury from the date of injury to file a workers' compensation claim under Texas Labor Code Chapter 408. You must also report your injury to your employer within 30 days. Missing these deadlines can permanently bar your claim.
Does my employment type affect my workers' comp claim in Texas?
Yes. In Texas, full-time employees are fully covered. Part-time employees may receive prorated benefits. Independent contractors and gig workers may qualify if misclassified — coverage depends on the degree of employer control over work performance under Texas Labor Code Chapter 408.
What can I do if my workers' comp claim was denied in Texas?
If your claim is denied in Texas, you have the right to appeal to the TX Dept of Insurance, Division of Workers Comp. Most denials are overturned with proper documentation. You have 1 year from injury from the original injury date to pursue an appeal. An attorney can file on your behalf at no upfront cost — most work on contingency.
Do I need a lawyer for workers' comp in Texas?
You are not required to have an attorney, but representation significantly increases average settlement amounts. Studies show workers with attorneys receive 2× higher settlements on average. Most workers' comp attorneys work on contingency — no fee unless you win. Typical fees in Texas are 15% of settlement.
Other Healthcare injuries in Texas:
Fall / Slip & Trip workers' comp in other states:
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This calculator provides estimates for informational purposes only and does not constitute legal advice. Results are based on state law formulas and statistical averages. Actual compensation depends on the specific facts of your case. Always consult a licensed workers' compensation attorney.