Texas Workers’ Compensation: Disability

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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

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