Agriculture Worker Injured in Texas?
Last updated: 2026 · Verified against Texas DWC regulations
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 occupational lung disease 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
Pre-filled for your situation — just add your wage & impairment info.
Tell us about your work
Your estimated weekly TTD benefit: $560/week
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 Occupational Lung Disease in Texas
30%
Average impairment rating
$75,000
Average medical costs
Occupational lung diseases — including pneumoconiosis (silicosis, coal workers' pneumoconiosis), hypersensitivity pneumonitis, and occupational asthma — result from years of inhaling toxic dusts, gases, or biological agents. Unlike traumatic injuries, occupational lung disease develops insidiously, and workers are often unaware of the connection between their work and respiratory symptoms until significant lung function has been lost. NIOSH surveillance data indicates that silicosis rates have risen sharply in the engineered stone industry (quartz countertop fabrication). Spirometry (FEV1/FVC ratio), HRCT of the chest, and bronchoalveolar lavage are the primary diagnostic tools. Once lung fibrosis is established, it is irreversible; treatment is supportive and focused on slowing progression. Whole-person impairment under the AMA Guides can reach 40–60% for moderate-to-severe restrictive lung disease.
Common treatments
- ✓ Removal from exposure (critical for halting progression)
- ✓ Inhaled corticosteroids and bronchodilators
- ✓ Pulmonary rehabilitation
- ✓ Oxygen therapy
- ✓ Antifibrotic medications (for IPF/hypersensitivity pneumonitis)
- ✓ Lung transplant evaluation (severe cases)
Documentation needed
- ✓ Chest HRCT and PFT (pulmonary function testing)
- ✓ Pulmonologist evaluation and diagnosis report
- ✓ Occupational exposure history (dust and fume monitoring records)
- ✓ MSDS / SDS sheets for materials handled
- ✓ Industrial hygiene air sampling data
- ✓ AMA Guides respiratory impairment rating
Frequently asked questions
How is occupational lung disease compensation calculated in Texas?
In Texas, your weekly benefit is 70% of your average weekly wage, capped at $1,066. Permanent disability is calculated based on your impairment rating.
What is the average occupational lung disease settlement in Texas?
Texas workers with occupational lung disease typically settle between $8,000 and $75,000, depending on impairment rating, treatment costs, and lost wages.
How long do I have to file a workers' comp claim in Texas?
1 year from injury. Missing this deadline can permanently bar your claim. Contact a workers' comp attorney as soon as possible.
Do I need a lawyer for a workers' comp claim in Texas?
You are not required to have an attorney, but representation significantly increases average settlement amounts. Most workers' comp attorneys work on contingency — no fee unless you win. Typical fees are 15% of settlement.
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This calculator provides estimates for informational purposes only. Actual compensation depends on the specific facts of your case, your state's workers' compensation laws, and the outcome of any proceedings. Always consult a licensed workers' compensation attorney in your state.