Texas Workers Comp Employee Benefits are calculated by looking at the gross amount of wages you made for the thirteen (13) weeks before your injury. The week you were injured does not count in this calculation. Your gross amount is your earnings before any deductions, such as taxes and social security. You need to add up the gross amount of your earnings for the 13 weeks prior to your injury and divide that by 13 to calculate your Average Weekly Wage (AWW). If you get paid every two weeks, you can use the 14 weeks prior to your injury and divide by 14 to calculate your AWW. Once you do that, take your AWW and multiply that by 70% (.70). This is the “Comp Rate“, which is the amount of Texas Workers’ Comp Employee Benefits you should be receiving every week from the Insurance Carrier, not to exceed a certain maximum amount as established by state law.
If you have any questions regarding your weekly benefits from the Insurance Carrier, you should contact a Workers’ Compensation lawyer in Texas that has the proper knowledge of Texas Workers Comp Employee Benefits. A compensation attorney will make sure you are being paid the correct amount of benefits. Many times Carriers intentionally leave out overtime, per diem, and additional benefits your Employer pays you or calculates into your salary. All of these items should be counted in your AWW to make sure you receive the highest amount of benefits possible.
Abbott & Associates L.L.C. today at 1-888-434-COMP to make sure you are getting paid the proper amount of weekly benefits, because if you are not, our Texas Workers’ Compensation lawyers are ready to fight on your behalf.
Texas Workers’ Comp Important Deadlines
Missed Deadlines Can Result in Permanent Loss of Income Benefits and Medical Benefits
• 30 Days to report injury to employer
• 1 Year to report injury to the Division of Workers’ Compensation
• 90 Days to dispute Impairment rating from the Treating Doctor
• 90 Days to dispute Impairment rating from a Referral Doctor
• 90 Days to dispute Impairment rating from a Required Medical Examiner
• 90 Days to dispute Impairment rating from a Designated Doctor
• 10 Days to dispute denial of a change of doctor request
• 10 Days to dispute denial of request to extend Maximum Medical Improvement based upon a spinal surgery
• 7 Days to submit a Supplemental Income Benefits quarterly application before the quarter begins
• 10 Days to respond to carrier’s request for an Required Medical Exam
• 14 Days prior to each Benefit Review Conference exchange must be provided
• 15 Days after each Benefit Review Conference exchange must be provided for a Contested Case Hearing
• 5 Days to respond to Interrogatories
• 20 Days prior to Contested Case Hearing, Interrogatories to Carrier are due
• 15 Days to appeal a Decision of the Contested Case Hearing Officer (Request for Review)
• 15 Days to respond to the Carrier’s appeal of the Contested Case Hearing (Response to Request for Review)
• 20 Days after Benefit Review Conference to agree or not agree to arbitration
• 30 Days after appeal decision to request a Judicial Review in State District Court
• 15 Days to dispute approved attorney fees
• 15 working days to dispute denial of medical for non-network medical provider
• 30 Days to dispute first written denial, if network medical provider
• 45 Days to request an Independent Review Organization to appeal disputed medical treatment after the second written denial
• 20 Days to dispute the findings of the Independent Review Organization if it involves concurrent or prospective medical necessity for a health are service in a non-network claim
• 30 Days to dispute the findings of the Independent Review Organization if it involves a network claim
Sometimes injured workers feel they can handle their own Workers’ Compensation case or they do not want to pay an attorney to handle it for them. But time and time again Abbott & Associates LLC has had to turn people away because they missed deadlines. Don’t let this happen to you. Contact the Texas Workers’ Comp attorneys at Abbott & Associates LLC today at 713-223-1234.