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Many part-time workers in Texas assume they’re not entitled to workers’ compensation benefits if they get injured on the job. Because of misinformation or outdated assumptions, people often believe that only full-time employees are covered. In reality, Texas workers' compensation laws provide important protections for part-time workers, just like their full-time counterparts—if their employer carries workers' comp insurance. In this article, we’ll clear up common misconceptions and offer practical advice for navigating work injury claims as a part-time employee in Texas.
This is one of the most widespread misunderstandings. Part-time workers do have the right to file a Texas workers’ compensation claim if they’re injured while performing their job duties—provided their employer has workers’ comp coverage. The status of your employment—whether full-time or part-time—does not affect your eligibility under Texas law. What matters is whether your injury arose out of and in the course of your employment.
If you are working for a company that has workers’ compensation insurance (and many employers in Texas do), you are covered regardless of the number of hours you work. This includes seasonal employees, students working part-time, and even workers who juggle more than one job.
Income benefits are one of the most critical components of a workers’ comp claim. They replace a portion of your lost wages while you're recovering from a work-related injury or illness. Some believe that part-time workers don’t qualify for these payments—but that’s not true.
Part-time workers can receive income benefits under Texas workers' compensation, but the amount is based on their average weekly wage. That means your benefit payments may be lower than those for a full-time employee, but you are still entitled to them. The amount is calculated using your wages from the previous 13 weeks before your injury. Make sure to provide accurate payroll records or pay stubs to help the insurance company correctly determine your average wage.
Many part-time workers in Texas have more than one job to make ends meet. If you're injured at one job, you might wonder if your workers’ compensation benefits will be affected by your second job. The answer is a little more complex here.
You can still receive workers’ comp from the job where you were injured, but benefits are generally calculated using only the wages earned from that job unless certain conditions apply. In limited situations, if both jobs are considered “concurrent employment” and your employer knows about them, there may be a case for factoring in both incomes—but this is tricky and rarely approved under current state rules.
For most injured workers, it’s safest to assume that only the wages from the job where the incident occurred will be used in the wage calculation. That’s why it’s so important to document your income thoroughly and consult an attorney if you have questions about how your benefits are being calculated.
Another common misconception is that only full-time employees can get medical treatment paid for by workers' comp. In Texas, any worker covered by a valid workers' compensation insurance policy is entitled to necessary medical treatment for a work-related injury or illness—regardless of how many hours they work per week.
Your employer’s insurance should cover all reasonable and medically necessary care related to your injury. This could include doctor visits, surgeries, physical therapy, prescription medications, and even travel expenses required for medical treatment. You will not be asked to pay deductibles or copays if your claim is approved.
Some part-time employees mistakenly believe that because they aren't "full-time,” they don't need to follow the same rules as others when it comes to workplace injuries. This could not be further from the truth.
In Texas, you have 30 days from the date of your injury (or the date you know your injury is work-related) to report it to your employer. Missing this deadline could result in a denial of your claim. All the same rules that apply to full-time workers apply to you as well, so report the accident promptly and in writing if possible. Follow up with HR or your supervisor to make sure the claim is being properly submitted.
Don’t let misinformation prevent you from protecting your rights. If you're a part-time worker who has been injured on the job, the first step is to report the injury to your employer as soon as possible. Next, confirm if your employer has workers’ comp insurance. You can check this by contacting the Texas Department of Insurance, Division of Workers’ Compensation (DWC), or by asking your employer directly.
Seek appropriate medical care right away and make sure your doctor knows this is a work-related injury. Documentation is key. Keep copies of any medical records, communication with your employer, and wage statements. If your injury results in time away from work, be prepared to provide documentation of your normal work hours and pay to ensure you receive fair income benefits.
Finally, don’t hesitate to speak with a Texas workers’ compensation attorney if you’re unsure of your rights. Part-time work does not mean second-rate protection. An experienced lawyer can help protect your claim and ensure that you’re treated fairly throughout the process.
This post is for informational purposes only and does not constitute legal advice. If you have further questions or would like to know more, contact a lawyer right away. John Gibson is a board-certified Texas workers' compensation lawyer and may be reached at 806-763-2020.
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