Re: Can You Get A Workers Comp Settlement In Texas
Schedule vs. Non- schedule Compensation ̧
In Texas, permanent partial injuries are compensated as follows:
Impairment income benefits are paid to a claimant upon MMI and paid at
the rate of three weeks for each percentage point of impairment. See Sec.
408.121. Upon expiration of the impairment income benefit period,
the employee is entitled to supplemental income benefits if the employee
(1) has an impairment rating of 15% or greater;
(2) has not returned to work or returned to work earning less than 80% of the pre injury average
(3) has not elected to commute a portion of his or her
impairment income benefits and
(4) has attempted in good faith to obtain employment commensurate with his/her ability
to work within restrictions as a result of the injury.
The claimant must meet these criteria each quarter to continue entitlement.
See Sec. 408.142(a).
Benefits are paid monthly based on a percentage of the difference in the employee’s pre-injury
earnings and post -injury earnings for the previous quarter.
Moderator Responses are based on my personal bias, experience and research - always consult an attorney.