- Employees who are eligible for temporary income benefits receive roughly 70 percent of the difference between their weekly pre-injury wages and post-injury wages. Employees who earned less than $8.50 hourly before suffering their injuries will receive adjusted income payments for 26 weeks. These low-wage earners receive roughly 75 percent of the difference in wages. Wages are limited to the amount allowable by Texas' weekly wage maximum and minimum benefits charts. Employees who work multiple jobs may receive wage benefits if they are unable to work for at least one employer for seven days, according to the Texas Labor Code.
- Injured workers can receive lifetime benefits if they suffer certain physical injuries that will permanently affect them. Employees who lose their vision permanently in both eyes can receive lifetime benefits. Additionally, workers who had either both hands or both feet amputated are eligible for lifetime benefits. Injured amputees who lose one foot and one hand can receive benefits. Permanently paralyzed workers or workers who suffer brain injuries leading to permanent brain damage can qualify for benefits. Last, employees who suffered third-degree burns over 40 percent or more of their bodies are eligible for lifetime benefits. Lifetime benefits average 75 percent of wage earnings, pre-injury, and recipients receive 3 percent increases for inflation annually. The state uses maximum and minimum rate charts to establish the maximum and minimum rates. Injured workers are eligible to receive lifetime benefits once their physicians certify their injuries.
- Temporary benefits end after 104 weeks or when claimants can return to work at their same pre-injury salary. Additionally, temporary benefits can end when employees obtain medical certification that their injuries will not improve with further medical treatment. Lifetime benefits do not end, and as long as an employee is still alive with no change in medical condition, she can receive unlimited weeks of benefits.
- Death benefits begin as early as one day after an injured worker dies. Texas pays workers' compensation death benefits to dependents who were at least 20 percent dependent on the deceased worker's income. However, spouses do not have to meet the income test to receive benefits. Where there are no surviving children, surviving spouse or surviving grandchildren, Texas pays the death benefits to the deceased employee's surviving parents.
- Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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