Recent changes in Texas workers compensation law make it important to do something right now if you have one of these 3 situations happening in your case: 

1.  You have been placed at maximum medical improvement or received an impairment rating in the last 60 days

2.  You have had treatment since being placed at maximum medical improvement or receiving an impairment rating, or

3.  Your designated doctor report contains language about maximum medical improvement meaning your impairment rating will not change by more than 3%.

     Every case is different, but too many times injured workers are being placed at MMI prematurely.  There are deadlines that affect your rights.  These doctors are affecting your rights, and they are being used to reduce your benefits, or even cut them off completely. 

     In the next several posts I'll explain what is happening in each of these situations.  If these have happened to you, get help now.

     Post-Injury Earnings (PIE) are wages that are earned after your injury.  It is important to save paystubs or other documentation of your earnings following your injury.  If you are earning less than your average weekly wage (AWW) because of your injury, you may qualify for Temporary Income Benefits (TIBs).  The PIE that you earn must be accounted for in the calculation of any TIBs that you may be owed. 

     To calculate your benefit rate, simply subtract PIE from your AWW and multiply by .70.  You are owed 70% of your lost wages in TIBs (75% if you earned less than $8.50 per hour).  This benefit rate is always subject to the maximum benefit table.

     PIE includes all wages earned after the date of injury; the value of any continuing fringe benefits; the premium the employer pays for continuing health insurance; any wages offered as part of a bona fide job offer that is not accepted;  the value of any full days of sick leave or vacation pay that you use voluntarily following your injury; the value of any partial sick leave or vacation pay that you use that, when combined with your TIBs benefits, exceeds your AWW; and any salary continuation your employer pays following your injury.

     PIE does not include things like severance pay, retirement benefits, or sick leave and vacation time that the employer required you to use.

       Temporary Income Benefits, or TIBs, are the very first benefit available to an injured worker.  These benefits are paid if your injury causes you to have disability.  If you are not able to earn your regular wages because of your injury, then you have disability.  Once you miss work or earn less than your regular pay for eight days, you are entitled to TIBs.

       These benefits are meant to replace your lost wages.  TIBs typically equal 70% of your average weekly wage (AWW), unless you have post-injury earnings, or PIE.  If you continue to earn some wages but not your full wages, then you should be paid 70% of your lost wages. 

       If you earn less than $8.50 per hour, then your TIBs payment should be 75% of your AWW for the first twenty-six weeks of disability.  High wage earners may not get a full 70% of their AWW because these benefits are capped.  Click here to view the maximum benefit rates based on your date of injury.

       TIBs are paid weekly until you no longer have disability, or until you reach maximum medical improvement (MMI), whichever comes first.  They can be paid up to 104 weeks, or two years.  There is an exception to this rule if you have surgery right before the two year mark from the date your disability began that may allow you to receive these benefits for more than 104 weeks.

Maximum Medical Improvement and the certification of an impairment rating are two of the most important events that occur in a Texas workers compensation claim.  In the linked video, I address what these are, what they mean, and what you can do about it.

 Video:  Basics of MMI and Impairment Rating in Texas Workers' Compensation Injury Claims