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 INJURIES FROM THERAPY

Standard

Image result for pt exercise pictures

Many workers injured at work in Texas go through extensive physical therapy.  What happens when a patient is treating for a workers compensation injury and suffers another injury going through therapy?

In a Texas Workers’ Compensation claim, the injury is not limited to the conditions affected at the time of the injury.  But, includes any conditions naturally arising out of the compensable injury.  This includes medical treatment for the compensable injury which causes damage to the physical structure of the body.

If you are injured during physical therapy, or while receiving medical treatment for your compensable injury, your insurance carrier is liable for the treatment to relieve the effects of the injury.  Additionally, if this portion of your injury creates a permanent impairment, make sure it is included in your impairment rating.

If you have any questions about your workers compensation claim, contact the Dallas office of the Morris Law Firm at (214)357-1782 or via email at info@themorrisfirm.net.