Legal Question in Workers Comp in Texas

I live in Texas. I lost my whole right arm from a work accident. I am receiving loss of wages payments. But they refuse to pay me my settlement for loss of my limb. They said I can not collect both at the samr time. Is this true. I don't see what one has to do with the other.


Asked on 7/27/09, 11:21 am

1 Answer from Attorneys

Matthew Lewis Booker & Lewis, P.C.

If the accident is covered by a workers' compensation policy, then there is no settlement per se. You should receive benefits for lost wages until you are able to return to work earning your pre-injury wages or reach maximum medical improvement (MMI). When you reach MMI, you should get an impairment rating, which is a measurement of the permanent damage to your body, i.e. loss of limb. You will be owed additional benefits based upon this value. Depending on the impairment rating value, you may be entitled to additional benefits beyond the impairment income benefits called supplemental income benefits.

If your accident was less than two years ago, you will want to continue receiving the benefits for lost wages as long as possible. These benefits end automatically two years from the 8th day that you lost wages from the job due to this injury.

If there was another party involved, then you could get a settlement and still have a workers' comp claim. That type of situation is very difficult to review with you in this forum. You would need to make an appointment and meet with an attorney.

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Answered on 7/27/09, 1:57 pm


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