Q: Am I eligible for income benefits for a follow up surgery a year after my claim?
I broke my hip on the job a year ago, and my surgeon is now recommending a follow up surgery to remove my surgical hardware and remove a bone spur that is likely to cause further damage if left alone. He estimates a six week recovery period after the surgery. Is my Texas workers comp provider obligated to provide temporary income benefits for this new period out of work? If so, will it be at the original rate of pay from the first time, or will it be recalculated based on my current income?
A: If you have already received your impairment rating and it has been over ninety days since you received it, then you would not be entitled to additional temporary income benefits. There are exceptions to the 90 day rule, but I don't think the facts of your case would qualify. However, you would be well advised to speak with an attorney to fully develop the facts of your case to see if there is any possibility to get your rating overturned. If you have not received your final impairment rating, then you are still entitled to apply for your temporary income benefits and they would be paid at the same rate.
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