Lost Wages Benefits Under Workers’ Compensation Laws

One of the most common concerns following a work-related injury in Texas is, “When does workers’ comp start paying lost wages?“ Knowing the timing and amount of your benefits may significantly impact your recovery process and financial stability. At The Law Offices of Aaron Allison, our focus is helping injured Texas workers manage workers’ compensation claims effectively.

“Workers’ compensation cases aren’t just about benefits—they’re about holding employers accountable for workplace safety.”

Aaron Allison, Attorney

Founding Attorney

Understanding the Two-Thirds Rule

In Texas, workers’ compensation typically covers approximately two-thirds (2/3) of your average weekly wages. This rule helps injured workers maintain financial stability while unable to perform their regular job duties. While two-thirds might seem straightforward, the calculation may vary depending on your specific employment details, including overtime and bonus pay.

Determining Your Workers’ Compensation Benefits

Knowing what benefits you might qualify for is essential for your recovery process. Texas recognizes several types of disability under workers’ compensation:

Temporary Total Disability

Temporary Total Disability (TTD) applies when your injuries temporarily prevent you from working in any capacity. During this period, workers’ comp usually pays approximately two-thirds of your average weekly wages until a doctor determines you have reached Maximum Medical Improvement (MMI).

Temporary Partial Disability

Temporary Partial Disability (TPD) benefits are available if your injury allows you to work but in a reduced capacity or with limited responsibilities. Workers’ comp often covers a portion of the difference between your pre-injury earnings and your current wages.

Permanent Disability

Permanent Disability benefits may be available if your injuries are so severe that you cannot return to work permanently. These long-term benefits require careful medical evaluation and detailed documentation to ensure proper compensation.

Permanent Partial Disability

If your injury causes permanent impairment but doesn’t entirely prevent employment, you might qualify for Permanent Partial Disability (PPD). Benefits for PPD typically depend on the extent of your disability and its impact on your earning potential.

How Are Lost Wages Covered by Workers’ Compensation?

Workers’ comp insurance in Texas generally begins paying lost wages after you’ve been unable to work for more than seven days due to your injury. This initial seven-day period is often referred to as a waiting period, during which you typically might not receive compensation unless your inability to work extends beyond 14 days. If your disability continues past this two-week mark, you may become eligible for retroactive payment covering the initial waiting period. Payments are usually provided on a weekly or bi-weekly basis and continue as long as medical documentation confirms your inability to work or perform your job duties fully.

The exact amount of compensation received depends on your average weekly wage, calculated from your earnings before the injury. Factors such as regular overtime, bonuses, and other employment-related benefits might be considered in this calculation, potentially affecting the final benefit amount. Timely and accurate submission of documentation—including medical records, wage statements, and claim forms—is crucial to receiving benefits without unnecessary delays.

Essential Steps to Obtain Your Workers’ Comp and Lost Wages Benefits

Managing a workers’ compensation claim in Texas can be complex, but following these key steps might simplify the process:

• Immediately report the injury to your employer. Notifying your employer promptly—ideally, within the same work shift or as soon as practically possible—can help prevent delays or disputes in your workers’ compensation claim.
• Seek medical attention promptly and follow prescribed treatments. Visiting a doctor right after the injury ensures your health is prioritized, establishes an official medical record of the injury, and demonstrates seriousness regarding your recovery.
• Ensure that medical professionals document your injury thoroughly. Detailed medical documentation, including diagnosis, treatments, and prognoses, supports your claim and provides the evidence necessary for compensation.
• File your workers’ compensation claim within the required timeframe (usually 30 days in Texas). Adhering to this timeline preserves your right to claim benefits and prevents potential denial due to missed deadlines.
• Maintain accurate records of medical expenses and any communications regarding your claim. Keeping organized records of all receipts, correspondence, and interactions related to your injury helps streamline the claim process and strengthens your case.

Taking these actions promptly might significantly improve your chance of securing adequate workers’ compensation benefits.

How a Texas Workers’ Compensation Attorney May Help Maximize Your Benefits

An experienced Texas workers’ compensation attorney may help protect your rights and guide you through the complexities of the claim process. Skilled representation can advocate for your full entitlements, handle negotiations with insurance companies, and address any disputes that arise concerning your lost wages or medical treatments.

If you’ve been injured at work and are worried about how it might affect your finances, especially if the accident happened on a job site, talking to a construction accident lawyer in Texas can be a smart first step. They can help you understand your options and fight for the compensation you need to move forward.

Aron Allison, Attorney

For 50 years, my father, served as a trial lawyer to get just compensation for the people of Austin. At age 14, I began to take up the mantle to continue my father’s practice as a second generation trial lawyer serving Austin’s community. The strength of his legacy continues through its commitments to a communal presence, honoring that each case is as unique as the individual pursuing compensation.

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