Texas Workers’ Compensation Benefits

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.

How Much Does Workers’ Comp Pay in Texas?

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.

Workers’ Compensation Benefits in Texas

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:

Medical Benefits

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.

Vocational Rehabilitation

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.

Travel Expenses

If you have to travel over 30 miles to receive the medical treatment you need, you can request reimbursement for your travel expenses.

Income Benefits

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:

• Temporary Income Benefits (TIBs): TIBs are available if your injury temporarily keeps you from earning your regular income or forces you to miss work entirely while you recover. The current formula to calculate this amount in Texas is 70% of the difference between your average weekly wages (AWW) and the wages you are able to earn after your injury, or 75% of the difference if you earn less than $10 an hour.
• Impairment Income Benefits (IIBs): Texas workers’ compensation impairment benefits may be available if you have a work-related injury or illness that affects your body as a whole. The amount is calculated at 70% of your average weekly wage.
• Supplemental Income Benefits (SIBs): You may be able to receive SIBs after your IIBs run out if you qualify. Supplemental Income Benefits are calculated at 80% of the difference between 80% of your AWW and any wages you received after your work-related injury.
• Lifetime Income Benefits (LIBs): Lifetime Income Benefits are available to those whose work-related injury or illness causes a severe and permanent impairment, such as the loss of a limb or a spinal injury resulting in paralysis. LIBs are worth 75% of your pre-injury AWW and are increased by 3% every year.

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.

Does Workers’ Compensation Cover Death Benefits?

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:

• 75% of the deceased’s average weekly wage up to a certain specified amount
• Compensation for funeral and burial expenses

How Long Does Workers’ Comp Last in Texas?

The length of time in which you can continue to receive workers’ comp benefits will depend primarily on your level of injury or impairment.

• If you have suffered an injury that will leave you permanently disabled or unable to work, you will continue to receive workers’ compensation benefits for the rest of your life.
• If your injuries and inabilities are only temporary, your level of injury will be evaluated and given a percentage point.
  • The length of your benefits will then be determined based on this percentage.

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.

To learn more about the workers’ compensation benefits available to you, call (210) 922-0808 or contact us online to schedule a free consultation.

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.