If you suffer an injury on the job in Texas, it’s vital to recognize your right to pursue workers’ comp benefits. Having workers’ compensation benefits can be helpful whenever you are out of work, have medical bills, and need help making a living as you recover from your injury.
However, these benefits are often dependent on numerous factors. If you’re unsure of how much you may recover, you should speak with an attorney about your case. Some base factors can play a role, though, and it often relies on the following:
- Your income
- Your impairment rating
- Your disability (temporary vs. lifetime)
Below, we’ll help you understand how to calculate how much you may recover, what can impact how long you recover compensation for, and what you can do if workers’ compensation insurance companies try to minimize or deny your claim.
How Your Compensation is Calculated
The calculation for your workers’ compensation benefits depends on whether you are recovering temporary or lifetime benefits. In order to receive lifetime benefits, you need to show that you suffered severe impairment, which could mean:
- Amputation of both hands or feet or one of each
- Complete blindness
- Severe burn injuries
If you can receive lifetime income benefits for a total disability, you may recover up to 75% of your weekly income, up to the maximum amount available. The maximum and minimums you may recover depend on when you suffered your injury.
For temporary income benefits, you can recover 70% of your weekly income, but the length of time you can receive it depends on your impairment rating. Typically, you receive 3 weeks per percentage. If you have an impairment rating of 40%, you may receive benefits for 120 weeks.
Your Maximum Medical Improvement is important because that often gives your doctor a way to assign your impairment rating. If you go through the duration and you can no longer recover impairment income benefits, you may be able to receive supplemental income benefits. Be sure to speak with a lawyer to determine what options you have.
How Insurance Companies May Impact Your Claim
While your employer should provide workers’ compensation insurance, the provider may not always be willing to give out benefits. Insurance companies are still businesses, and they look to protect profits as much as possible. Because of this, they may deny your claim for the simplest mistake. Common reasons your claim may be denied include misinformation on your claim or missing out on your timelines.
Because it can be there are several obstacles that can arise in the process, it’s crucial to have a lawyer on your side who understands what rights you have. Working with a lawyer gives you protection from some of the unethical tactics insurance companies and their adjusters use against you.
Some limits exist that impact how much you can recover and for how long. When you have an attorney on your side, you will have a clear understanding of what you may recover and how to get through the process. A lawyer can also understand your employers’ insurance policy and determine what you may do to protect your rights.
At The Edwards Law Firm, we’re committed to providing care through the entire process. We want to help you pursue compensation and benefits that meet your needs. Our Corpus Christi workers’ compensation attorneys have significant experience in complex litigation matters.
We can help you navigate the claims-filing process, ensuring you have accurate and relevant information. If your workers’ compensation case is denied, we can also help you file an appeal to pursue the benefits you rightfully deserve.
Call our firm today at (361) 541-6333 to discuss your case and learn how we can help you.