How much are you paid by workers compensation in Texas?

If you have been injured on the job in Texas, learn how much you should be paid when hurt at work.

The short answer, 70% of your pay for a maximum of 2 years.

Now, this does not apply to every situation and injured worker, however on average this is the most pay you will receive with Texas workers’ compensation insurance. In this article we will talk about all pay and benefits you may be awarded.

What are the different types of income and pay benefits for Texas?

Temporary Income Benefits

This is the most common form of income paid with workers compensation injuries. Temporary income benefits are paid for a maximum of two years (104 weeks) from the date of your injury for those who have not reached a maximum medical improvement. Meaning, that you have still not recovered from your injury.

How is my pay calculated?

Your pay is calculated by using the amount your were paid 13 weeks before your injury and dividing this by the number 13. If you have been working for less than 13 weeks before you were injured, your pay is calculated using the pay of a similar employee.

How soon can I get paid after I am hurt at work?

In Texas you may start being paid as soon as one week after you injury. If it has been longer than one week you may be eligible for back pay when you were off work. In order to start receiving pay you must report your injury as soon as possible.

How am I paid?

You may choose to receive your benefits one of three ways:

• A mailed paper check

• Electronic Funds Transfer (ETF) bank deposit

• An access card program (reloaded debit card)

What other types of benefits are available under Texas workers’ compensation?

Impairment Pay

Also know as Impairment Income Benefits, this is a one time payment made to you once you have reached maximum medical improvement. In order to receive this payment you must have an impairment rating assigned to you. This pay begins when your MMI ends.

The rate is calculated by multiplying your impairment rating by 3 weeks of benefits. This cannot exceed your average weekly wage amount.

You can also be paid based on other expenses including insurance costs and company reimbursable items (non-pecuniary wages).

What if I was working more than one job when I was injured?

If you were working for two or more employers when you were injured, the Texas Department of Insurance and your workers’ compensation insurance company will work to calculate your benefits between both jobs. Just be sure they know about it.

Supplemental Disability Pay

In order to be paid Supplemental Income Benefits you must have an impairment rating of 15% or more. Once eligible you must reapply every three months. To continue to receive this pay you must show that you are attempting to find a job and that if you are working, your pay is less than 80% of your previous pay.

Lifetime Impairment Pay

For those workers who sustain a severe injury such as blindness, amputation or paralysis you may be eligible for Lifetime Income Benefits. If this is the case this is paid for life at a rate of 70% and includes annual increases for cost of living.

Death and Burial Benefits

Texas workers compensation allows for the following if someone was killed at work. These pay and benefits start the day after the death occurred.

Income, 75% of the average weekly wage, 104 weeks maximum.

Burial expenses, up to $10k dollars reimbursed, one year to file.

Texas workers’ compensation income and pay definitions:

Average weekly wage (AWW)

This is how much money you earned in the 13 weeks before your injury. This amount is then used to calculate your payment.

Claim employer

Who you were working for at the time you were injured.

Disability

When you are unable to earn your wage because of a work-related injury or occupational illness.

Impairment rating

This is a rating assigned to you as a percentage based on how the work injury affected you.

Maximum medical improvement (MMI)

When as an injured employee your condition is not expected to improve or 104 weeks has passed since your injury.

Non-pecuniary wages

These are payments made to you as an employee that are not cash. These can include health insurance premiums, uniforms or car allowance.

Pecuniary wages

These are all standard wages paid in money, such as salary, bonuses or commissions earned.

For much more information on how to navigate the Texas workers' compensation system pick-up my book, Injured on the Job - Texas today.