What factors determine the amount of income replacement benefits I may receive?

The amount of income replacement benefits you may receive through the Texas workers' compensation system is primarily determined by the following key factors:

1. Average Weekly Wage (AWW):

   • Your income replacement benefits are based on your pre-injury average weekly wage.

   • The AWW is calculated by looking at your earnings over the 13 weeks prior to your injury.

2. Benefit Rate:

   • Income replacement benefits in Texas are generally paid at a rate of 70% of your AWW.

   • There are minimum and maximum weekly benefit amounts set by the state, which are adjusted annually.

3. Disability Classification:

   • The type of income benefit you receive depends on the classification of your disability:

     • Temporary Income Benefits (TIBs) - Paid if you are temporarily unable to work.

     • Impairment Income Benefits (IIBs) - Paid if you have a permanent impairment but can still work.

     • Supplemental Income Benefits (SIBs) - Paid if you have a significant permanent impairment and lost more than 80% of your pre-injury wages.

     • Lifetime Income Benefits (LIBs) - Paid for the most catastrophic, permanent injuries.

4. Duration of Benefits:

   • The number of weeks you receive income benefits depends on the classification of your disability.

   • For example, TIBs are paid until you reach maximum medical improvement (MMI) or your disability becomes permanent, while IIBs have a maximum duration of 401 weeks.

5. Waiting Period:

   • There is a 7-day waiting period before income replacement benefits begin. If you miss more than 14 days of work, the benefits will be retroactive to the first day of lost time.

So, in summary, the key factors that determine your income replacement benefit amount are your pre-injury average weekly wage, the classification of your disability, and the applicable state minimum and maximum benefit rates. Working with a workers' compensation attorney can help ensure you receive the maximum benefits you're entitled to based on your specific circumstances.