Legal Question in Workers Comp in Texas

Re: settlememt

The "new law", which became effective against all claims with a date of injury after January 1, 1991, is radically different from the old law, which you may have already had some experience with. Despiteteh fact that it is still called the "new law" it is nowover 15 years old.

The major change under the "new law" keeps the claimant from �settling� their future income benefits and receiving a �lump sum� at or near the end of the claim . Simply stated there are no lump sum settlements under a new law claim and there is no opportunity to sue the employer or the insurance carrier for a �final settlement� of any type.

The income benefits a claimant is entitled to under the new law are strictly controlled by statute and are not decided on a case by case basis.

New Law Workers' Compensation Claimants are entitled to two (2) types of benefits. First, they are entitled to medical benefits which cover the costs of all reasonable and necessary medical treatment which is related to the injury. These medical benefits are life time benefits and can not be negotiated away or waived once entitlement to them is established. Secondly, they are entitled to income benefits which are very limited. These income benefits come in three distinctly different types, TIBS, IIBs and SIBs.