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How Long Does Workers Compensation Last in Texas?
Workers’ comp in Texas lasts the entire lifetime for the claimant when it pertains to the medical care that the claimant receives. This means that you will receive medical treatment for the remainder of your life, so long as the treatment is for the work related injury. The biggest issue most Claimants run into, is 'what diagnosis has the carrier accepted'. Many insurance companies will accept either a contusion, sprain or strain, but when it comes to tears, bulges, or herniations, the carriers are more reluctant to accept those diagnosis. Thats why its important to hire an experienced san antonio workers comp attorney to take on the insurance companies and prove that all those diagnosis are work related.
Now, when it comes to income or indemnity benefits, its quite a bit different. Your income benefits only last until you go back to work, are released full duty from the doctor, or when you are put at maximum medical improvement. So, the moment you go back to work and earn your pre-injury wage, workers comp insurance will no longer have to pay you income benefits. But lets say you go back to work at a limited capacity working 4 hours per day instead of the usual 8 hours per day, well then the workers compensation insurance carrier will have to pay 70% of the difference between what you made working 8 hours and what you are making working 4 hours per day. Another situation occurs when you are put at maximum medical improvement (MMI) . The moment you are put at MMI, you will get an impairment rating. The workers comp carrier will pay out the impairment rating and once paid out, they will cease any further income benefits. Most people with workers’ comp claims will get paid income benefits somewhere around one to two years, but their medical care should continue for the rest of their life. However, a problem may arise when you go without medical care for a long period of time. Going without medical care for a long period of time just gives the insurance carrier another reason to not pay. So lets say, you stopped receiving treatment in April 2022, 3 years go by with absolutely no treatment, and then in April 2025, you feel pain again and want to have workers comp cover it. Well, the fact that you went 3 years without treatment and pain free, will give the insurance carrier a reason to deny any additional treatment. So although the general rule is that you will receive medical treatment for the remainder of your life, just know the insurance company is going to be doing everything they can to try and get out of paying for your medical treatment. This is why you need to seek help from an experienced workers comp attorney in San Antonio to make sure that you get the maximum amount of benefits that you are entitled to.