You have the right to legal compensation if you experience a serious injury on the job. A personal injury lawyer can help you seek compensation in this difficult situation. They can work with your employer’s workers’ compensation provider and help you dispute or appeal a benefits decision if necessary. Explore the types of legal compensation available to injured workers in Texas.
Available Compensation for a Workplace Injury: Advice From Your Texas Personal Injury Lawyer
Medical Benefits
The workers’ comp insurance provider must pay for medical care related to your work injury. You can choose your physician, but with some plans, you may have to use an in-network doctor. The team at Hilliard Law can help you understand the rules of your employer’s policy.
The doctor will not bill you for care covered by workers’ compensation. Statements go to the insurance provider. You can receive reasonable and necessary treatment as prescribed by your physician until they give you complete medical clearance.
Temporary Income Replacement
The state calculates income benefits based on your average weekly wage, or AWW. AWW equals the total wages and benefits you received for the 13 weeks before your injury, divided by 13 For example, if you earned a total of $16,000 during the pre-injury period, your AWW would be about $1,230.77.
You may receive temporary income replacement if you can’t work or have to go on modified duty at lower pay for at least seven days after a workplace injury. Temporary benefits equal 70% of the difference between your AWW and the amount you can earn after your injury.
Lifetime Income Benefits
With a very serious injury, you may qualify for lifetime income benefits. Eligible individuals have third-degree burns covering a significant amount of the body, permanent disability from a traumatic brain injury, spinal injury with total paralysis of at least two extremities, loss of both feet or both hands, or total and permanent loss of sight.
Impairment and Supplemental Income Benefits
You may be eligible for additional benefits if you have a total body injury. After a work injury, your healthcare provider will assign you an impairment rating (IR) based on its severity. The workers’ comp insurer pays three weeks of impairment income benefits for every 10% of your assigned IR. These benefits equal 70% of your AWW.
In Texas, you can receive supplemental income benefits when your impairment income benefits end if you have an IR of 15% or higher. To qualify, you must also be unable to return to your previous job and earn less than 80% of your AWW. You must also show proof that you’ve been searching for work.
Working with a personal injury attorney can protect your right to claim benefits after a severe workplace injury. They represent you to the insurance company and help you navigate the benefits system. A lawyer can also help you understand the available compensation in your case by reviewing medical records, test results, correspondence, and other evidence. They serve as your trusted advocate throughout this complex process.
