Guide · Updated October 16, 2026

DOL work comp vs. Texas state claims: which one applies to you?

If you work for a federal agency, such as USPS, Border Patrol, CBP, TSA or the VA, your work injury falls under FECA, run by the U.S. Department of Labor. Texas workers' comp, run by the Texas Department of Insurance, covers private and Texas public employers instead. The forms, deadlines and benefits differ.

The Rio Grande Valley has a large federal workforce. Border Patrol agents, CBP officers at the bridges, postal carriers, TSA officers at the McAllen and Harlingen airports, and VA staff all live and work here. Many of them have family members or second jobs in the private sector. So a common question is simple: if I get hurt at work, which workers’ comp system covers me?

The basic rule: your employer decides the system

Federal employees are covered by the Federal Employees’ Compensation Act (FECA). The U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP) runs it. This includes Postal Service employees. Our post on the USPS injury policy covers that in more detail.

Private and Texas public employees fall under the Texas workers’ compensation system, overseen by the Texas Department of Insurance, Division of Workers’ Compensation (DWC). In Texas, private employers can choose whether to carry workers’ comp coverage (Labor Code 406.002), so check with your employer.

For a federal worker, FECA is the exclusive remedy. Under 5 U.S.C. 8116(c), the United States’ liability under FECA is “exclusive and instead of all other liability” of the government for that injury. You cannot pick Texas workers’ comp instead.

Reporting and filing deadlines

FECA (federal):

• File Form CA-1 for a traumatic injury within 30 days to protect continuation of pay (COP), which is up to 45 calendar days of regular pay (20 CFR 10.205).
• Use Form CA-2 for an occupational disease. COP does not apply to CA-2 claims. Not sure which form fits? Read CA-1 vs. CA-2.
• The general deadline for any FECA claim is 3 years, with exceptions.

Texas workers’ comp (state):

• Notify your employer of the injury no later than the 30th day after it happens (Labor Code 409.001).
• File a claim with DWC within one year of the injury (Labor Code 409.003).
• Missing these deadlines can relieve the employer and carrier of liability unless an exception, such as good cause, applies.

Wage-loss benefits

FECA: For total disability, compensation is generally 66 2/3 percent of your monthly pay, or 75 percent if you have at least one dependent (5 U.S.C. 8105 and 8110). Before that, a traumatic injury may qualify for COP, paid by your agency.

Texas: Temporary income benefits are generally 70 percent of the difference between your average weekly wage and what you can earn after the injury, up to a state maximum. Some lower-wage workers get a higher rate for a time (TDI temporary income benefits).

Choosing your doctor

FECA: You make the initial choice of treating physician, and your employer must tell you about that right. After that, changing doctors needs a written request and OWCP approval, unless your doctor refers you to a specialist (20 CFR 10.316). Reports from a nurse practitioner or physician assistant count as medical evidence only when a physician countersigns them.

Texas: In a non-network claim, you get your initial choice of treating doctor. Changing later requires DWC approval, usually requested on DWC Form-053 before you see the new doctor (Labor Code 408.022). If your employer’s carrier uses a certified health care network, you choose from the network’s list in your area. The treating doctor must be a “doctor” under Texas law, such as an MD, DO or chiropractor. DWC no longer runs the former Approved Doctor List, per TDI’s provider FAQ.

Billing

Both systems protect you from surprise bills when your claim is handled properly. Under FECA, an enrolled provider cannot bill you for amounts OWCP reduces under its fee schedule. In Texas, a provider generally cannot bill an injured worker privately for a compensable injury (Labor Code 413.042).

Quick comparison

How Alivio can help

We proudly treat injured workers in both systems. Our federal workers’ compensation doctors are enrolled with OWCP and bill the Department of Labor directly, and for Texas workers’ comp, Dr. Peter Ruiz, MD, serves as treating doctor. Call (956) 679-3451 for a free consultation at our McAllen or Harlingen clinic.

Medically reviewed by Peter Ruiz, MD, Medical Director. MD · Family Medicine · Texas Medical Board license N2270
Last reviewed October 16, 2026 · How we review content