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Texas Injured Employee Workers Compensation Benefits
Workers compensation employee benefit information for the State of Texas
- Texas Workers Compensation Medical Benefits -
- Medical benefits for injured Texas workers are paid without regard to length of disability or amount of cost.
- Who Chooses the Physician for Injured Workers in Texas -
- If the employer
has elected to contract with a certified workers’
compensation health care network (network), the injured Texas worker is
required to obtain medical treatment through the network
if they live within the network’s service area. They must
select a doctor from a list of network providers, which
can obtained from your employer or insurance carrier.
- If the injured worker is not covered by a network, they have the right to an initial choice of doctor, with the exception of doctors previously removed or denied admission to the TDI-DWC former Approved Doctors List. Contact the Texas Department of Insurance for this list.
- Texas Workers Compensation Disability Benefits -
- Temporary Total Disability (TTD) Benefits:
- There is a seven-day waiting period before benefits can be paid. If an injured Texas worker is out of work for more than seven days, payments will come from the employer’s insurance representative. If they are out of work for more than 14 days, they will receive compensation even for the first seven days.
- An injured worker's wage paid is at 70% if their current wages are over $8.50/hr otherwise 75%.
- The weekly payment minimum is $112, 15% of the Texas state average weekly wage.
- The weekly maximum is $750, 100% of the Texas state average weekly wage.
- Maximum period of payments is the sooner of when medical improvement is reached or 104 weeks.
- The 104 week limitation may be extended due to spinal surgery.
- Note:
- Current Texas state average weekly wage is: $750.
- An injured worker's wage paid is at 70% if their current wages are over $8.50/hr otherwise 75%.
- There is a seven-day waiting period before benefits can be paid. If an injured Texas worker is out of work for more than seven days, payments will come from the employer’s insurance representative. If they are out of work for more than 14 days, they will receive compensation even for the first seven days.
- Permanent Total Disability (PTD) Benefits:
- An injured worker's wage paid is at 75%.
- The weekly payment minimum is $112, 15% of the Texas state average weekly wage.
- The weekly maximum is $750, 100% of the Texas state average weekly wage.
- Maximum period of payments is 401 weeks or for life if the injury is shown in state statute as PTD.
- The weekly payment minimum is $112, 15% of the Texas state average weekly wage.
- An injured worker's wage paid is at 75%.
- Permanent Partial Disability (PPD) Benefits:
- An injured worker's wage paid is at 70% if their current wages are over $8.50/hr otherwise 75%.
- The weekly payment minimum is $112, 15% of the Texas state average weekly wage.
- The weekly maximum is $525, 70% of the Texas state average weekly wage.
- Note:
- Non-scheduled injuries have a maximum period of payment of 401 weeks.
- Non-scheduled injuries maximum paid amount is $210,525.
- The weekly payment minimum is $112, 15% of the Texas state average weekly wage.
- Texas Workers Death/Dependency Benefits -
- Texas workers compensation death benefits pay a portion of lost family income for
dependent family members of workers who die because
of a work-related injury or illness.
- Death benefits are also payable to employees’ parents when there are no surviving eligible dependent family members.
- Burial benefits pay for some of the deceased employee’s funeral expenses to the person who paid the funeral expenses.
- Death benefits are also payable to employees’ parents when there are no surviving eligible dependent family members.
- Texas workers Compensation Attorney Fees -
- Attorney fees are allowed but limited to 25%.
- More specific workers compensation employee benefit information for this state can be found by following the link below. It will take you directly to the state web page containing employee's workers compensation rights and benefits:
- http://www.tdi.state.tx.us/wc/publications.html#factsheets
- Important Notice Please Read: All information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.
WORKERS COMPENSATION CONSULTANT
Voice: (931) 292-2633
Fax: (573) 447-4998
email: rks@workcompconsultant.com
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