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Worker's compensation Income Benefits are capped at 401 weeks.

Many people are familiar with worker's compensation on a surface level, but many do not truly understand how certain parts of worker's compensation laws are unfairly stacked against the injured employee.

In this article, our attorneys will explain how there is a 401-week cap on workers' comp benefits.


Questions answered in this article:

  • What law says I only get 401 weeks of income benefits?
  • Why do workers only get 401 weeks of benefits?
  • Can I get lifetime workers' compensation benefits?

Texas Labor Code § 408.083

This section of the Texas Labor Code deals with the maximum amount of time certain types of benefits can be paid out to an injured employee.

TEX LA. CODE ANN. § 408.083 : Texas Statutes - Section 408.083: TERMINATION OF RIGHT TO TEMPORARY INCOME, IMPAIRMENT INCOME, AND SUPPLEMENTAL INCOME BENEFITS

  • (a) Except as provided by Subsection (b), an employee's eligibility for temporary income benefits, impairment income benefits, and supplemental income benefits terminates on the expiration of 401 weeks after the date of injury.
  • (b) If an employee incurs an occupational disease, the employee's eligibility for temporary income benefits, impairment income benefits, and supplemental income benefits terminates on the expiration of 401 weeks after the date on which benefits began to accrue.

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.

Also, income benefits may not exceed the maximum amount allowable by Texas law.

There may be other forms of compensation.

Because there is a limit on workers' compensation benefits which makes these benefits somewhat paltry, and because work injuries can be so significant, it's important to try to find compensation outside of the workers' compensation system. Any time there is a serious injury that is going to effect you in the long run, you're going need an attorney that is going to investigate your case, outside the realm of workers' compensation.

Our Texas Workers' Compensation attorneys are ready to fight for your right to compensation.

Because some parts of Texas' worker's compensation laws are stacked against employees, you need to do whatever you can to even the playing field, so to speak. The best way to do this is to hire a capable work injury lawyer who knows how to deal with insurance companies and get you the compensation that you deserve. Remember that you only have 401 weeks of benefits from the date of your injury, not when you start getting compensated. Our attorneys at Grossman Law Offices have over 25years of experience and have helped thousands of clients determine their rights under the Texas worker's compensation law. Call today for a free consultation at (855) 326-0000.


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