Understanding the Waiting Period for Workers' Compensation in Texas

WORK INJURYWORKERS COMPENSATION LAWWORKERS COMPENSATIONWORKERS COMP SETTLEMENT

2/9/20242 min read

a poster with a hand holding a pair of hands
a poster with a hand holding a pair of hands

Workers' compensation is a crucial safety net that provides financial support to employees who suffer work-related injuries or illnesses. In Texas, like in many other states, there is a waiting period before an employee becomes eligible for weekly compensation payments. Understanding this waiting period is essential for both employers and employees.

The waiting period in Texas refers to the first seven consecutive or cumulative days following the injury date. During this time, no weekly compensation payment is due for the time lost. However, it's important to note that if an employee is off work for more than 14 calendar days, the weekly compensation for the waiting period is paid retroactively.

Let's break down the waiting period and its implications:

1. Waiting Period Duration

The waiting period in Texas lasts for seven days. These seven days can be consecutive or cumulative, meaning they don't have to be consecutive days off work. For example, if an employee misses three days of work initially and then four days a few weeks later due to the same work-related injury, the waiting period is considered fulfilled.

2. No Weekly Compensation During the Waiting Period

During the waiting period, no weekly compensation payments are made to the employee. This means that the employee will not receive any financial support for the time lost during this initial week of absence from work. It's important for employees to be aware of this and plan their finances accordingly.

3. Retroactive Payment if Off Work for More Than 14 Days

If an employee is unable to work for more than 14 calendar days, the weekly compensation for the waiting period is paid retroactively. This means that once the waiting period is over, and the employee becomes eligible for weekly compensation, they will receive payment for the initial seven-day waiting period as well. This retroactive payment helps to ensure that employees are not financially burdened due to the waiting period.

It's important for both employers and employees to understand the waiting period for workers' compensation in Texas. Employers should inform their employees about the waiting period and provide them with the necessary information and resources to navigate this period effectively. Employees, on the other hand, should be aware of their rights and responsibilities during the waiting period and plan their finances accordingly.

In conclusion, the waiting period in Texas for workers' compensation is the first seven consecutive or cumulative days following the injury date. No weekly compensation payment is due for this time lost during the waiting period. However, if an employee is off work for more than 14 calendar days, the weekly compensation for the waiting period is paid retroactively. Understanding these guidelines can help both employers and employees navigate the workers' compensation process more effectively.