When Does My Worker Comp Case Close?

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If you have a compensable workers’ compensation claim in Texas, it never actually closes.  Workers’ compensation claims handle the medical and the indemnity (payments to you) separately.

Financial Benefits:

You can receive disability payments (TIBs) while you are unable to earn your full wages for up to 104 weeks or until you are certified at Maximum Medical Improvement (MMI), whichever happens first.

After that, you will receive benefits for any impairment you have (IIBs). You receive three weeks of payments for each point of impairment.  Hopefully, you are working at the same time because there payments are not disability payments.

There are additional benefits for serious injuries.  You can look at our additional posts to learn about these benefits.

Medical Benefits:

Medical benefits are defined under the Texas Labor Code as payments for health care reasonably required by the nature of a compensable injury and intended to:

  • cure or relieve the effects naturally resulting from the compensable injury, including reasonable expenses incurred by the employee for necessary treatment to cure and relieve the employee from the effects of an occupational disease before and after the employee knew or should have known the nature of the disability and its relationship to the employment;
  • promote recovery;  or
  • enhance the ability of the employee to return to or retain employment.

Conclussion:

Although your indemnity benefits will not likely last three years, your medical benefits do not end until you have completely recovered from the effects of your injury.

Daniel L Morris, The Morris Law Firm, (214)357-1782, info@themorrisfirm.net

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Texas Workers’ Compensation: Maximum Benefit Amount

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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