Texas Workers’ Compensation: Maximum Benefit Amount

Standard

If you have been injured in a work related accident in Texas and are now unable to work, how are you compensated?

If your employer is a subscriber to the Texas Workers’ Compensation system, you are entitled to Temporary Income Benefits (TIBs) if you are disabled due to your compensable injury up until you are returned to work or found to be at Maximum Medical Improvement (MMI).

But, how is the amount of your disability (TIBs) check determined.  The insurance carrier pays you according to your Average Weekly Wage (AWW).  We provide a video on how the AWW is determined.

However, some injured workers’ pre-injury wage exceeds the maximum amount a party can receive for TIBs.  The maximum amount of TIBs can not exceed the State Average Weekly Wage (SAWW).

The State Average Weekly Wage is is equal to 88% of the average weekly wage in covered employment computed by the Texas Workforce Commission. The amount is adjusted beginning on October 1st and running till the end of the following September.

Benfit rates are paid according the the SAWW on the date the injury occurred.

Temporary Income Benefits are paid up to 100% of the SAWW

Impairment Income Benefits are paid up to 70% of the SAWW

Supplemental Income Benefits are paid up to 70% of the SAWW

Lifetime Income Benefits are paid at 100% of the SAWW for the first year the injured worker qualifies for LIBs

Death Benefits are paid at a rate up to 100% of SAWW.

The SAWW for October 2016 through September 2017, is $913.00.

The Morris Firm, PLLC, info@themorrisfirm.net, (214)357-1782

Texas Workers’ Compensation: Disability

Standard

After a work injury in Texas, many workers are entitled to benefits through the Texas Workers’ Compensation system.  These benefits include medical benefits and indemnity benefits (money).

From the date of injury, up to the day after an injured worker is found to be at Maximum Medical Improvement, an injured worker may receive Temporary Income Benefits (TIBs), if they are disabled due to the compensable injury.

The Texas labor Code defines disability as the inability because of a compensable injury to obtain and retain employment at wages equivalent to the preinjury wage.

The medical providers fill out DWC-73 forms providing the restrictions to the injured workers’ ability to return to work.  If the restrictions prohibit the injured worker from working their normal hours or duties, they are disabled.

Even if the injured worker is working, they are entitled to TIBs if they are not making their pre-injury wage.  This can be due to reduced hours or a lower weekly wage due to their injury.

Workers may go in and out of disability up until the date that they are found to be at Maximum Medical Improvement.

The Morris Firm, PLLC, info@themorrisfirm.net, (214)357-1782