In the state of Texas, if you are temporarily disabled due to an illness or an injury, will you qualify to receive any temporary disability benefits?
If you are seriously injured for any reason in the state of Texas, after you’ve been examined by a healthcare provider, your next priority is speaking about your legal rights and options with a knowledgeable San Antonio workplace accident attorney.
The right lawyer can determine if you are eligible for any disability benefits or if you have legal standing to file a personal injury lawsuit arising from your accident and injury.
WHO MAY RECEIVE SHORT-TERM DISABILITY BENEFITS IN TEXAS?
Who is eligible for temporary disability benefits in Texas?
1. Legal employees who are injured at work or in the “course and scope” of their employment in this state almost always qualify to receive short-term workers’ compensation benefits.
2. Employees of the state government in Texas may receive long- and short-term disability benefits under the Texas Income Protection Plan (TIPP).
3. Unless you are injured on the job, or you are an employee of the state government, your only other option for short-term disability benefits in Texas will be through a private insurance or benefit plan.
WHAT DOES WORKERS’ COMPENSATION PROVIDE?
Workers’ compensation temporary income benefits in Texas are provided to legal employees with a job-related illness or a job-related injury that will keep them out of work beyond seven days.
Workers’ compensation provides payments for medical care related to your illness or injury. It also partially replaces an injured worker’s lost wages.
Workers’ comp in Texas currently pays workers who earn over $10 an hour 70 percent of their wages, and employees who earn below $10 an hour are paid 75 percent of their wages.
Those who can only work part-time and those who can only work with restrictions may also qualify for limited temporary income benefits.
FOR HOW LONG CAN YOU RECEIVE TEMPORARY INCOME BENEFITS?
The temporary income benefits provided through workers’ compensation in Texas continue for up to 105 weeks or until you return to work full-time.
If you are injured at your workplace or in the course and scope of your employment, or if you suffer an illness that’s job-related, submit a workers’ comp claim to your employer immediately.
Your employer should provide you with DWC Form-041. Complete the paperwork carefully, because mistakes could cause your benefits to be delayed or even denied.
You must file for workers’ comp benefits within the first 30 days after you are injured or as soon as your doctor confirms that your medical condition is job-related.
IF YOUR INJURY WAS JOB-RELATED, CAN AN ATTORNEY HELP?
Then speak about your workplace injury – as quickly as possible – with an experienced San Antonio personal injury attorney.
Although Texas does not allow employees to sue employers for negligence – that’s what workers’ compensation is for – some injured employees will have other compensation options.
If anyone other than your own employer has any liability for your work-related accident and injury, you may be able to pursue a third-party personal injury lawsuit.
After reviewing the details of your accident and injury, a good accident attorney will be able to explain your options and recommend the best way to move forward.
WHAT DOES THE TEXAS INCOME PROTECTION PLAN PROVIDE?
Employees of the state of Texas may choose disability coverage as part of the total employee benefits package through the Texas Income Protection Plan (TIPP).
TIPP provides injury victims with short-term disability benefits. It doesn’t matter whether the injury leading to the disability was or as not job-related.
The maximum benefit payment through TIPP is 66 percent of a recipient’s monthly earnings for up to five months. Benefits are capped at $6,600 a month.
To apply for temporary disability benefits through TIPP:
1. Complete the employee portion of the claim form. It is downloadable at the TIPP provider website https://reedgrouptipp.com/.
2. Ask your HR rep to fill out the employer section of the form.
3. File the form as instructed.
4. The TIPP provider, Reed Group, will send you additional forms that must be returned within ten working days.
WHAT IF YOU HAVE NO WORKERS’ COMP OR TIPP ELIGIBILITY?
Unless you are a state of Texas employee or you’ve sustained a job-related injury, the only way to receive any temporary disability benefits in our state is through a private insurance plan.
Private, temporary disability plans and policies are offered by many insurers to both groups and to individuals. With private, short-term disability coverage:
1. A medical examination may be required.
2. You may endure a waiting period before coverage kicks in.
3. Coverage might or might not be offered for preexisting conditions.
IF YOU’RE SEVERELY INJURED, DO YOU HAVE OTHER OPTIONS?
If you have been catastrophically injured or permanently disabled in Texas, you’ll need more compensation than workers’ comp, or TIPP will provide.
A personal injury attorney can explain your legal options and provide the trustworthy guidance you’ll need after sustaining a severe injury.
If your injury was not work-related, and if your injury was caused by another party’s negligence – for example, by a negligent driver, a malpracticing physician, or a defective consumer product – your attorney may recommend filing a personal injury lawsuit.
WHAT ARE NEGLIGENCE VICTIMS ENTITLED TO BY LAW?
In Texas, if you can prove that your injury was caused by someone else’s negligence, you are entitled to full compensation for all injury-related medical expenditures, all lost earnings and lost earnings capacity, pain, suffering, and more.
It doesn’t cost anything to learn more about your rights as an injured victim of negligence. Your first consultation with a personal injury lawyer is free.
For so many of us in Texas, the most frightening part of a short-term injury is not the pain or the treatment, but the fear of financial hardship. When you can’t work, and the medical bills are piling up, you need answers.
WHY IS CONSULTING AN ATTORNEY SO IMPORTANT IF YOU’RE INJURED?
You should always discuss your rights with an accident attorney after a serious injury. You may be eligible for benefits that you don’t know about, or you may have grounds for taking legal action.
The right attorney will offer candid advice, and if you need to take legal action, the right attorney will work aggressively on your behalf.
If you’ve been seriously injured and temporarily disabled, your health, your finances, and your future will be in the balance. Get the legal advice you need – immediately.