If your workplace illness or injury causes you to be unable to work, you can receive temporary income benefits (TIBS). Temporary income benefits will continue until you have reached maximum medical improvement. Once you have reached maximum medical improvement, then you will switch to receiving impairment income benefits if you are still too injured to return to your job. Both TIBS and impairment income benefits can be available for total disability, or if you have a partial disability that allows you to work restricted duty but your wages are reduced as a result.
The cash benefit for temporary total disability benefits kicks in as soon as your injury causes you to lose some or all of your wages for more than seven days. Texas workers’ compensation law explains how this cash benefit is determined. A Texas workers’ comp lawyer can help you to understand how the laws apply to you and can assist you in making a claim so you get the benefits you deserve.
How is the Cash Benefit For Temporary Total Disability Determined?
The cash benefit for temporary total disability is determined based on the average weekly wages that you were earning before you got hurt and the wages that you can earn after you suffered the injury on-the-job. You will receive 70 percent of this amount. However, if you earned $8.50 or less prior to getting hurt, then you will receive 75 percent of this amount.
For example, if your average weekly wage was $1,000 and you are now totally disabled and cannot work at all, then you have lost out on $1,000 of wages. You will receive 70 percent or $700.00. This will be your cash benefit for temporary total disability. If you recovered slightly and were able to earn $100 per week, then the difference between your prior wages of $1,000 and your current wages of $100 is $900. You would receive 70 percent of $900, or $630.00 per week.
There are state maximum and weekly minimum amounts available for TIBS. The Texas Department of Insurance provides information on the updated maximum and minimum amounts, which can change annually.
Your cash benefit for temporary total disability may continue to be paid for up to 104 weeks from the eighth day after your injury occurred. However, the benefits will end if you improve to the point where you are able to earn the same wages as you earned before you got hurt. If you reach maximum medical improvement and will no longer continue to get any better, your temporary total disability benefits will also end. If you remain on light duty or unable to work once maximum medical improvement is reached, you switch from receiving temporary income benefits to receiving impairment income benefits instead.
A Texas workers’ compensation lawyer will provide you with advice on how to apply for temporary disability benefits and can help you understand what your benefits are worth. Call Abbott and Associates, L.L.C. today to learn more.