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Have you been injured on the job in Texas? If you are thinking about filing a workers’ compensation claim, you are probably wondering what benefits you are entitled to. Our San Antonio attorneys at The Aguirre Law Firm, PLLC explain the types of benefits offered through Texas’ workers’ compensation program.
Do you need help filing a workers’ compensation claim in Texas? Our legal team is available 24/7. Contact us now to schedule your free consultation.
There is no set amount designated for a Texas workers’ compensation lump sum—every workers’ comp settlement is different because compensation is based on factors such as one’s income, the severity of an injury, and other things that are specific to each individual and situation. The different types of available benefits and how they are calculated are explained in detail below.
The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) is the state organization in charge of delivering workers’ compensation benefits to injured employees. Workers’ comp claims are made through your employer and are typically paid out by their insurance company. In Texas, the “statute of limitations,” or time limit, to file a workers’ compensation claim is one year from the date of injury.Types of workers’ compensation benefits that are available to Texas employees include:
Your workers’ compensation benefits should cover any medical expenses related to your work accident, so it is important that you keep track of all your accident-related doctor visits and medical bills.
A vocational rehabilitation program provides job training and assistance finding new work. Vocational rehabilitation benefits kick in if, even after you have reached the point of maximum medical improvement (MMI), you are unable to return to your job due to your injury or illness.
If you have to travel over 30 miles to receive the medical treatment you need, you can request reimbursement for your travel expenses.
You can receive compensation for lost wages if you have to take time off work to recover. Income benefits in Texas are divided into four categories:
You should receive income benefits from your employer’s workers’ compensation insurance carrier weekly for as long as you remain eligible. Your doctor will determine when you have reached the point of maximum medical improvement, at which time your benefits will cease.
Close family members of an individual who died as a result of a work accident may be eligible to receive workers’ compensation death benefits on their loved one’s behalf. Claims for wrongful death in the workplace must be filed within one year of the employee’s death, and consulting with a San Antonio wrongful death lawyer is recommended.
Texas workers’ compensation death benefits may include:
The length of time in which you can continue to receive workers’ comp benefits will depend primarily on your level of injury or impairment.
The Texas Department of Insurance has a page on its website featuring additional information regarding workers’ compensation income and medical benefits. To more accurately determine the exact benefits you are entitled to, however, consult with a workers’ compensation lawyer in San Antonio.
Please note that depending on the facts of your case, the worker’s compensation portion of your case may be referred to another law firm.