Can You Receive Workers’ Comp as a Seasonal Worker?
Yes. Texas workers’ compensation covers seasonal employees as long as they are employees of a covered employer. The main complication is how your benefits are calculated, since seasonal pay varies. I’m not a lawyer, so treat this as general information.
Employee Status Matters, Not the Job’s Length
Workers’ comp covers employees, and temporary or seasonal work doesn’t change that. What does matter is whether you’re a real employee or classified as an independent contractor. A contractor label doesn’t settle the question. The actual working relationship does. Your employer also must carry coverage. Texas is the only state where most private employers can opt out, so a seasonal worker at a non-subscribing employer may have to pursue a negligence claim instead of a workers’ comp claim.
How Benefits Are Calculated
Weekly benefits are based on your average weekly wage (AWW). Generally, AWW comes from your pay over the 13 weeks before the injury. For employees with less than 13 weeks on the job, the AWW is based on what a similar full-time employee earns for similar work. The Division of Workers’ Compensation’s rules (28 TAC §128.5) also include a separate method for seasonal employees.
Temporary income benefits generally equal 70% of the gap between your pre-injury and post-injury earnings. The rate is 75% if you earned less than $10 an hour. For injuries between October 2025 and September 2026, weekly temporary benefits range from a $191 minimum to a $1,271 maximum.
Seasonal Wage Adjustments
Seasonal pay changes with the season, so the DWC allows adjustment of a seasonal worker’s AWW when temporary income benefits are calculated, which can happen as often as necessary. A form exists for requesting this, and the insurer must notify you of a proposed change. If you can’t get wage documents, the Texas Workforce Commission may help. That means your benefit amount may move as your usual seasonal earnings shift.
What to Do After an Injury
- Report it to your employer within 30 days, in writing
- File a claim with the DWC within one year
- Keep pay stubs, schedules, and records of other jobs
- Tell the adjuster about any seasonal or multiple employment
Multiple jobs matter. The rules allow wages from other employers to count toward your AWW in some situations.
If There’s a Dispute
If the insurer disputes your wage calculation, you can request a Benefit Review Conference through the DWC. For free help understanding your rights, call the Division of Workers’ Compensation at 800-252-7031. A workers’ comp attorney can also review your case.
