Texas Lifetime Income Benefits: Eligibility & Calculations

Most workers’ compensation benefits stop after a certain amount of time, but some can last for the rest of an injured worker’s life. These are known as Lifetime Income Benefits. They are only given when a worker has a very serious injury on the job, an injury so severe that it permanently limits or even totally takes away their ability to work.

This blog explains how the Texas Labor Code calculates and applies Lifetime Income Benefits and how a skilled Texas workplace injury lawyer can use them to help injured workers.

Criteria for Collecting Lifetime Income Benefits in Texas

Under the Texas Labor Code, seven specific types of injuries can qualify a worker for Lifetime Income Benefits. A worker must have one of these injuries to receive them. These benefits are harder to get because the injury has to be very serious, or the worker must have several serious health problems caused by the accident. Section 408.161 of the Texas Labor Code states that: 

• (a) Lifetime income benefits are paid until death for:
  • Losing both hands at or above the wrist
  • Losing both feet at or above the ankle
  • Completely and permanently losing eyesight in both eyes

For example, if a worker is moving heavy equipment and both of their hands get crushed and have to be amputated, that worker would qualify for Lifetime Income Benefits under this part of Texas law.

A worker doesn’t only qualify by losing two of the same body parts, as described above. They can also qualify if they have a combination of serious losses as outlined in Sec 408.161, such as:

• (a) Lifetime income benefits are paid until death for:
  • A spine injury that results in permanent, complete paralysis in both legs, both arms, or in one leg and one arm
  • Losing one hand at or above the wrist or one foot at or above the ankle

As gruesome as it sounds, you do have to lose the use of two limbs, not just one, in order to qualify. You can also qualify if you suffer a serious spine injury that causes paralysis in at least two limbs.

The last two requirements are:

• (a) Lifetime income benefits are paid until death for:
  • Third-degree burns covering at least 40% of the body and requiring skin grafts, or severe third-degree burns on most of both hands, or on the face and one hand
  • A serious brain injury that causes a permanent and incurable mental condition

These are fairly simple to understand. If the injury causes a permanent mental illness, the worker may qualify for Lifetime Income Benefits. Very serious burns over most of the body can also make someone eligible for these benefits.

Sec 408.161 continued:

• Under Section 408.061, Lifetime Income Benefits equal 75% of the worker’s average weekly wage. The amount paid goes up by 3% each year.

This part of the law is simple: the worker gets 75% of their Average Weekly Wage, and the amount goes up 3% every year, up to a limit. For example, if a worker earned $600 a week before the injury, their Lifetime Income Benefits would be $450 a week. In the first year, they would receive $450 each week. In the second year, that amount would increase to about $463.50 a week, and so on.

A Texas Workplace Injury Lawyer Can Help You Get the Compensation You Deserve

Texas created its Workers’ Compensation Act to make it easier for injured workers to get the money they need. But because the insurance companies are the ones paying, they often try hard to avoid handing out benefits. It can be difficult to prove you deserve Lifetime Income Benefits because the insurance company will likely argue that your injuries aren’t serious enough. They may even use unfair tactics to try to stop you from challenging their decision.

Founded in 2009, with offices in both Dallas and Houston, The Law Office of Sandy McCorquodale, P.C., handles a wide range of cases. The firm focuses on industrial accidents, workplace injuries, large-scale disasters, and business disputes. They are committed to taking on complicated cases, even the ones other firms might refuse.

If you think your injuries may qualify you for Lifetime Income Benefits, you should talk to an experienced Texas workplace injury lawyer who can help protect your rights. The Law Office of Sandy McCorquodale, P.C. has helped thousands of people understand their legal options and get the compensation they deserve. Call (833) 712-4472 or reach out via our online form for help.