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Getting lifetime injury benefits after a workplace accident

The Law Offices of Miller & Bicklein, P.C. |

When a worker is badly hurt in Texas and cannot return to work because they are now paralyzed or wheelchair bound, they are in a position where they may want to look into lifetime injury benefits. Lifetime injury benefits may be available through workers’ compensation in several different scenarios.

Workers may be able to get these benefits if they:

  • Lost the use of one or both hands or feet from the ankles or wrists down.
  • Had a total, permanent loss of vision in both eyes
  • Had a severe injury to the spine leading to complete, permanent paralysis of an arm and leg, both arms, or both legs.
  • Have a traumatic brain injury that resulted in imbecility or insanity (incurable).
  • Suffered from third-degree burns over 40% or more of their body with a requirement for skin grafting.
  • Had third-degree burns over one or both hands and the face.

If any of these things has happened to you, you may be able to seek lifetime injury benefits. In fact, to start receiving them, you need to send a request to your insurance carrier.

Your attorney can send in this request and help you appeal if the insurance company refuses it. The insurance company has only 60 days to respond to your request for LIBs. If they do not respond, or if you are denied, they have to send you a notice stating why you will not receive them. If you need to appeal that decision, your attorney can help represent you and request a Benefit Review Conference. This is a meeting that will go over your rights and help you negotiate to get the benefits you deserve.

What compensation do you get with LIBs?

With lifetime injury benefits, you can get 75% of your average weekly wage paid out to you. You’ll also get a 3% increase on that payment annually, which helps to cover inflation. This kind of payout is beneficial, because it guarantees that you will have the money you need to live with these new, sudden disabilities.

As soon as you know that you have qualifying injuries, it’s important to look into gathering up evidence and submitting a request. You could get benefits paid out to you within the next 75 days with an approval.

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