Workers CompensationIs My Job Required to Pay Me While I Am Away Due to Injury?

December 14, 2016by Aaron Allison

iStock_000014838070XSmallIf you have suffered injury at work and your medical provider has told you that you should not be working with your injury, you may wonder what your options are for covering your expenses during your lost time. Depending on the nature of your case, you may qualify for temporary income benefits (TIBs), paid to you by your employer’s workers’ compensation insurance provider.

TIBs allow workers to receive pay if an injury or work-related illness cause the workers to lose some or all of their wages for more than seven days. The benefits are 70 percent of the difference between a worker’s average weekly wage and the wages the worker is able to earn after injury.

If you earned less than $10.00 an hour before your injury and were injured before September 1, 2015, your benefits for the first 26 weeks will equal 75 percent of the difference between your average weekly wage and the wages you are able to earn post-injury.

How Long Do TIBs Last?

TIBs are just that – temporary. You will no longer be eligible for benefits after the earlier of:

  • The date you reach maximum medical improvement
  • The date you are physically able to earn your average weekly wages at the same rate as you were prior to your injury
  • At the end of 104 weeks from your eighth day of disability

Unfortunately, many workers who should receive temporary income benefits face denial by workers’ comp. Sometimes, this is a matter of missing, incorrect or inaccurate documentation and is solvable by contacting the insurance provider directly. However, sometimes it is necessary to engage in a lengthy appeals process to get the benefits you need. In those situations, an Austin workers’ comp attorney can help.


Aaron Allison

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Aaron Allison

Aaron Allison, a second-generation personal injury lawyer from Austin, follows in the footsteps of his father, who founded their firm in 1978. Admitted to practice by the Texas Supreme Court, the Federal Court for the Western District of Texas, the 5th Circuit Court of Appeals, and the U.S. Supreme Court, Aaron brings extensive legal expertise to his clients.

Specializing in personal injury cases, Aaron offers a distinct advantage for Texas workers injured on the job. With Texas workers' compensation laws leading many attorneys to avoid these cases, Aaron is one of only 40 lawyers among 95,000 in Texas who represent injured workers in straight workers' compensation cases. His firm continues to provide dedicated support for those suffering catastrophic work injuries, maintaining a proud tradition of advocacy spanning decades.