Food Service 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 mesothelioma / asbestos 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 Mesothelioma / Asbestos Disease in Texas
80%
Average impairment rating
$250,000
Average medical costs
Mesothelioma is a malignant cancer of the pleura, peritoneum, or pericardium caused almost exclusively by asbestos exposure. Latency between first asbestos exposure and diagnosis typically ranges from 20 to 50 years, meaning workers diagnosed today were exposed in industrial settings decades ago. Mesothelioma workers' compensation claims intersect significantly with personal injury asbestos litigation, which historically has produced settlements and verdicts in the millions. Workers' comp provides medical benefits and wage replacement, but the tort system typically provides far greater compensation for pain and suffering. Many asbestos trust funds — created by bankrupt asbestos manufacturers — pay claims independently of workers' comp. Mesothelioma carries a median survival of 12–21 months, making prompt legal action critical.
Common treatments
- ✓ Extrapleural pneumonectomy (EPP) or pleurectomy/decortication (P/D)
- ✓ Chemotherapy (pemetrexed + cisplatin)
- ✓ Immunotherapy (pembrolizumab, nivolumab)
- ✓ Radiation therapy
- ✓ Palliative care and pain management
- ✓ Clinical trial enrollment
Documentation needed
- ✓ Pathology report confirming mesothelioma diagnosis
- ✓ Asbestos exposure history (employment records, union records)
- ✓ Coworker affidavits identifying asbestos products
- ✓ Military service records (if shipyard or Navy exposure)
- ✓ Social Security earnings history
- ✓ Asbestos trust fund claim eligibility evidence
Frequently asked questions
How is mesothelioma / asbestos 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 mesothelioma / asbestos disease settlement in Texas?
Texas workers with mesothelioma / asbestos 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.