Texas Notification of Change in Amount of Indemnity Benefit Payment (124.2(e)(2)&(3))
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FAQ
All Texas workers' compensation benefits paid to injured workers are based on your average weekly wage. Temporary income benefits pay out at 70% of your average weekly wage (75% in some cases). However, there is a maximum benefit amount of $1007.00 per week as of this writing.
Liability limits for workers' compensation subscribers For employers that provide workers' compensation insurance coverage, Texas law limits the employer's liability for work-related injuries of employees. Non-subscribers are not given these legal protections.
In short, indemnity benefits are monetary payments you may be entitled to receive as compensation for lost wages or damages related to your workers' compensation claim.
While most other states allow lump sum settlements, Texas does not. The only benefits that may be paid in a lump sum are impairment income benefits. If you have been back to work for at least three months and earn at least 80% of your average weekly wage, you can commute your impairment income benefits.
You may be able to get temporary income benefits (TIBs) if your work-related injury or illness causes you to lose some or all of your wages for more than seven days. If you have more than one job, you may be able to get TIBs if you lose income from these other employers as well (see multiple employment).
Minimum benefit amount The lowest amount of weekly benefits an employee can get. The minimum benefit amount is 15% of the SAWW, rounded to the nearest dollar.
This benefit equals 70% of the worker's average weekly wage prior to injury. These benefits do not depend on ability to work and could continue even after the injured worker returns to the job. Doctors assign an impairment rating to the injured worker based on the percentage of permanent physical damage.
It states that Temporary Income Benefits, Impairment Income Benefits, and Supplemental Income Benefits can only be paid out to injured employees for 401 weeks (or roughly 7.5 years) from the date of the injury. While this may seem like an adequate amount of time, it can be a lot shorter than you think.