A workplace injury can disrupt far more than just an employee’s job—it can impact an entire family’s financial stability. In Texas, many households rely on a single worker’s income, making a job-related injury especially stressful. When an employer carries workers’ compensation insurance, an injured employee may be eligible to seek workers’ compensation benefits after being hurt on the job.
In Brownsville and throughout Cameron County, TX, the Texas workers’ compensation lawyers at Herrman & Herrman, P.L.L.C. assist injured workers and their families after serious occupational injuries. Our firm has successfully resolved thousands of job-site accident cases in favor of our clients. Below, we explain the types of compensation that may be available through a Texas workers’ compensation claim.
It’s important to understand that, unlike most states, Texas does not require employers to carry workers’ compensation insurance. When workers’ compensation coverage is not provided, our attorneys may be able to pursue a personal injury claim against the employer or other responsible parties following a job-related accident.
If you are dealing with a worksite injury that has kept you out of work for more than a week, contact a Brownsville workers’ compensation lawyer at Herrman & Herrman by calling (361) 882-4357 or reaching out online for a free case review. We can evaluate your accident and explain your options for pursuing compensation for your losses.
How Workers’ Compensation Is Calculated in Texas
Workers’ compensation is an insurance system that employers may carry to cover employees who are injured on the job or become ill due to workplace conditions. Benefits are governed by detailed rules outlined in Chapter 408 of the Texas Labor Code.
There are four main types of workers’ compensation benefits available in Texas:
Medical Benefits
Medical benefits cover all reasonable and necessary medical care related to a work injury or occupational illness. This includes doctor visits, hospital stays, surgery, chemotherapy, prescription medications, physical therapy, and even psychological counseling. If your employer provides workers’ compensation insurance, you should not be billed directly for treatment related to your work injury.
Income Benefits
Income benefits are designed to replace a portion of the wages you lose while you are unable to work due to a work-related injury or illness. Texas recognizes four types of income benefits, most of which are based on a percentage of your average weekly wage:
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Temporary Income Benefits (TIBs):
Most injured workers receive TIBs. These benefits equal 70% of your average weekly wage, or 70% of the difference between your pre-injury wages and what you can earn after the injury. TIBs apply when a work-related injury causes you to miss work for more than seven days. -
Impairment Income Benefits (IIBs):
If a work-related injury results in permanent impairment, you may qualify for IIBs. These benefits are based on an impairment rating (IR) assigned by a healthcare provider. Eligible workers receive three weeks of benefits for every percentage point of impairment. -
Supplemental Income Benefits (SIBs):
SIBs may be available after IIBs end if you have an impairment rating of 15% or higher. These benefits are calculated by subtracting your post-injury earnings from 80% of your average weekly wage before the injury. -
Lifetime Income Benefits (LIBs):
LIBs are reserved for catastrophic, permanent injuries, such as loss of a limb, paralysis, blindness, or severe burns. These benefits pay 75% of your average weekly wage, with a 3% annual increase.
Death Benefits
Death benefits help surviving family members recover financially after a worker dies due to a job-related injury or illness. Eligible beneficiaries typically receive 75% of the deceased worker’s average weekly wage. Certain survivors, including spouses of first responders, may receive benefits for life—even if they remarry.
Burial Benefits
Burial benefits cover up to $10,000 in funeral expenses for injuries occurring on or after September 1, 2015. These benefits are paid to the individual who covered the funeral costs.
Average Workers’ Compensation Benefits in Brownsville
Many injured workers in Brownsville wonder what a typical workers’ compensation claim might be worth. While every case is unique, data from the Texas Department of Insurance (TDI), Division of Workers’ Compensation (DWC) offers useful insight into how claims are handled statewide.
According to reported DWC data, workers’ compensation payments included:
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$361 million for 88,771 hospital (institutional) bill claims, averaging $4,074.48 per claim
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$87 million for 66,336 surgery bill claims, averaging $1,311.43 per claim
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$62 million for 104,550 pharmacy claims, averaging $597.13 per claim
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$24 million for 15,334 durable medical equipment claims, averaging $1,623.94 per claim
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$154 million for 221,482 medicine bill claims, averaging $696.37 per claim
These figures highlight the scope of benefits that may be available, but the value of any individual workers’ compensation case depends on factors such as injury severity, time missed from work, impairment ratings, and long-term medical needs.
If you’ve been injured at work in Brownsville or Cameron County, speaking with an experienced workers’ compensation attorney can help you understand what your case may be worth and how to protect your rights.
Contact a Texas Workers’ Comp Attorney
Workers’ compensation is meant to provide financial stability for an eligible injured or ill worker while he or she recovers and to a family that has lost its breadwinner to an occupational accident or illness. Unfortunately, some employers and insurers will try to deny claims or shortchange eligible injured workers and their families. Employers may wrongly classify a worker as an independent contractor to try to avoid paying benefits.
If you have a valid workers’ compensation claim in Brownsville or the Cameron County, Texas, area, the lawyers at Herrman & Herrman can help you seek the full benefit you deserve. Contact us for a free, no-obligation initial consultation at (361) 882-4357 or online today.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
