Mining 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 heat stroke / heat illness 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 Heat Stroke / Heat Illness in Texas
10%
Average impairment rating
$20,000
Average medical costs
Heat-related illness on the job — heat exhaustion and heat stroke — is a growing workers' compensation concern as temperatures rise. Heat stroke is a medical emergency in which core body temperature exceeds 104°F with central nervous system dysfunction; without immediate cooling, permanent brain damage and death can result. Outdoor workers (agriculture, construction, landscaping, roofing) and indoor workers in foundries, bakeries, and warehouses are most at risk. OSHA has proposed federal heat illness prevention standards, and several states (California, Oregon, Washington) already have enforceable heat illness regulations. Employers who fail to provide shade, water, and rest periods face OSHA citations. Cognitive impairment from heat stroke may qualify as permanent whole-person impairment under the AMA Guides.
Common treatments
- ✓ Immediate cooling (ice packs, cold IV fluids)
- ✓ IV fluid and electrolyte replacement
- ✓ Hospitalization for monitoring
- ✓ Neurological evaluation for heat stroke survivors
- ✓ Cardiac monitoring (rhabdomyolysis risk)
- ✓ Neuropsychological testing for cognitive effects
Documentation needed
- ✓ Emergency room temperature readings and treatment records
- ✓ Employer heat illness prevention program (or absence thereof)
- ✓ Weather records for the day of injury
- ✓ Witness statements confirming work conditions
- ✓ OSHA citation records (if applicable)
- ✓ Neurologist follow-up notes
Frequently asked questions
How is heat stroke / heat illness 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 heat stroke / heat illness settlement in Texas?
Texas workers with heat stroke / heat illness 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.