How Long Does Workers’ Compensation Last in Texas?

A workplace accident can leave you with serious injuries and plenty of questions about the process. One important concern you may have is “How long does workers’ compensation last in Texas?”. We are here to help you understand the timeline of your case and other matters relating to your claim.

About Us

At The Law Offices of Miller & Bicklein, P.C., we’ve spent decades assisting people across Texas with their workers’ compensation claims. Founder Kevin B. Miller has been voted Best San Antonio Lawyer in personal injury by Scene in S.A., 2016-2021. We have the knowledge and experience to make a positive impact on your case.

Overview of Workers’ Compensation in Texas

Workplace accidents are a daily occurrence across the United States. A 2023 report from the Bureau of Labor Statistics found that 2.6 million injuries occurred in the private sector that year. Texas accounted for 175,900 non-fatal incidents in that figure, or a rate of 1.8 per 100 full-time employees. As for fatal accidents, Texas has an above-average rate of  4.1 per 100,000 workers.

How long your workers’ compensation claim will last in Texas depends on the type of coverage you are receiving. The following are the four major categories of benefits that insurance companies provide:

Temporary Income Benefits

Temporary income benefits (TBI) can take effect after your injury or illness has caused you to lose some or all of your wages for seven or more days. The amount you can receive is 70% of what you make on average, and what you can make after the injury.

TIB ends when one of three things happens. The first is when you reach your maximum medical improvement (MMI), as determined by a doctor. The second is when you can begin earning the same average wages you made before the accident. If neither of these occurs, the final endpoint of TBI is 104 weeks after the eighth day of affected income.

Impairment Income Benefits

Impairment income benefits (IIB) are based on your ongoing impairment rating (IR) after you reach your MMI. IRs are calculated as a percentage reflecting the impact on your permanent physical health. IIB payments are 70% of your average weekly income.

How long you receive IIB is based on your IR percentage score. Every 1% equates to 3 weeks of getting benefits. For example, if you were given an IR rate of 10%, you would receive benefits for 30 weeks.

Supplemental Income Benefits

Supplemental income benefits (SIB) are monthly payments that you may be eligible to receive once your IIB runs out. To qualify for SIB, you must meet the following requirements:

• You have an IR rating of 15% or more.
• You have not been able to return to work or have been earning less than 80% of what you did before your injury.
• You are actively looking for work.
• You did not accept a one-time, lump-sum payment.

If you are eligible, SIB payments are 80% of the difference between what you make now and 80% of what you made before. SIB can last as long as you match all requirements and reapply quarterly.

Lifetime Income Benefits

Lifetime income benefits (LIB) are for the most serious injuries, such as loss of limbs, paralysis, or complete loss of vision. As the name entails, LIB lasts for the rest of your life and never ends. These payments are 75% of your pre-injury earnings, with a 3% annual increase.

Hire a Workers’ Compensation Lawyer

Dealing with insurance companies on your own while recovering from an accident can be overwhelming. Hire a workers’ compensation lawyer who can advocate for you, allowing you to focus on your recovery. Your Texas workers’ compensation attorney can be by your side for every step of the process.

FAQs

How Long Can You Be on Workers’ Compensation in Texas?

How long you can be on workers’ compensation in Texas depends on the severity of your injuries and which types of benefits you qualify for. If you only qualify for temporary income benefits, you may be able to receive payments for up to 104 weeks. If your injuries are more severe, you may stay on the program for months, years, or the rest of your life.

How Much Does a Texas Workers’ Compensation Attorney Cost?

The cost of your workers’ compensation attorney depends on the complexity of your case, the cooperation of insurance providers, and the amount of legal guidance you require. A lawyer helping you file your case and negotiate the final payment will tend to be cheaper than legal counsel for a lengthy personal injury or coverage claim. Your workers’ compensation lawyer, familiar with your case, can use its details to provide an estimate of what your final costs may be.

Do Texas Employers Have to Hold a Job for Someone on Workers’ Compensation?

Texas employers are not legally required to hold a job position for an injured employee out on workers’ compensation. The only stipulation is that you and the company you work for qualify for the Family and Medical Leave Act (FMLA). If your company employs more than 50 people, you have worked there for more than a year, and have worked at least 1,250 hours, you may be eligible. FMLA allows for up to 12 weeks of leave from work.

Can You Be Fired While on Workers’ Compensation in Texas?

In Texas, you can be fired while receiving workers’ compensation benefits as long as your employer can prove it was for non-retaliatory reasons. Texas is an at-will state, meaning you can be terminated from a position without cause. If you believe you were terminated from your employment due to a workers’ compensation claim or injury, you may be eligible for a wrongful termination claim.

Meet With a Workers’ Compensation Attorney

Our team at The Law Offices of Miller & Bicklein, P.C. is prepared to help you secure workers’ compensation and explain the various timelines involved in your case. Contact us today for a complimentary consultation, where we can learn about your story and help you determine a path forward. You may also visit one of our four offices, located in Lubbock, Odessa, Abilene, and San Antonio.