How to Get More Money From A Texas Workers Comp Case

June 6, 2017 9:54 am Published by 1 Comment

Increasing Your Temporary Income Benefits (TIBS)

Your Temporary Income Benefits (TIBS) are what most people refer to as a “comp check.”  These are the checks that you receive for up to 104 weeks when unable to work.  Insurance companies often figure these Comp Checks too low or in their favor.  Does this surprise you?  Call us and see if your Comp check is too low.  Your weekly check is supposed to be calculated on 13 weeks of wages before your date of accident, including overtime and any job benefits that have stopped.  If you worked less than 40 hours during any of these 13 weeks, we may be able to exclude those weeks.  If you were employed for less than 13 weeks, your Comp check should be calculated on a “same or similar” employee working for at least 13 weeks, using his pay and benefits.

Increase Your Impairment Income Benefits (IIBS)

Impairment Income Benefits (IIBS) start if you receive an impairment rating.  When IIBS start TIBS permanently stop.  IIBS benefits are less than TIBS and you should never rush into getting an impairment rating because you will cut your comp check, sometimes significantly.  However, the most important thing is to make sure that your TIBS check is the correct amount and that you are not being underpaid for Temporary Income Benefits.  Once your average weekly wage is established it will be used for TIBS benefits, IIBS benefits and SIBS benefits.  Your treating doctor is very important in establishing your impairment rating, and if you make a bad choice of treating doctors, you will suffer in loss of income due to a low impairment rating and from inadequate medical care.  Sometimes it’s the injured workers that make the mistake of choosing the wrong doctor out of ignorance or loyalty to a family doctor.  It is always a mistake to go to a doctor for a workers comp injury without consulting a workers compensation lawyer.

Increase Your Supplemental Income Benefits (SIBS)

Supplemental Income Benefits (SIBS) are paid to injured workers whose impairment rating is at least 15%.  Here again, it is of utmost importance to get help in choosing your doctor for a workers compensation injury.  Supplemental Income Benefits can be paid up to 401 weeks and this usually involves more comp payments.

Collect Unpaid and Underpaid Comp (TIBS, IIBS & SIBS)

If your Texas Workers Compensation Check is less than the maximum rate, there’s always a chance you are being underpaid by the Workers Comp Insurance Carrier.  How could this happen?  First of all, your employer must furnish correct wage information to the insurance carrier and calculate your average weekly wage based on a Texas Department of Insurance, Workers Compensation Division formula.  It’s very complicated and in our experience they seem to almost always make a mistake in their favor and not in the workers’ favor.  We will leave the conclusion of this to you.  Call us and we will calculate what you should be receiving, right over the phone, in just a few minutes.  This is free and there is no obligation at all.  We will even do this for you anonymously.

1 Comment

  • David Grayson says:

    I am on salary. No record is kept of the actual hours I work. One day is represented as 8 hours on my check stub (regardless of how many hours I actually worked). The original insurance adjuster did not enter an hourly wage, so I was compensated 75% of my lost wages by default. A new adjuster took over and calculated my hourly wage based on 8 hours per day. This lowered my compensation to 70% and left me with an overpayment! What can I do? I work 12 – 14 hour days!

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