Dallas, TX asked in Workers' Compensation for Texas

Q: I was injured at work while assisting pt to get off from the MRI table. My both shoulders and my lower back was injured.

Dr advised me to have physical therapy, which made my symptoms worse. He wanted me to take off from work and I kept on telling him that I can not afford to live on what w/c will pay me. In short, I have not taken a day off from work. I can not go under surgery becaue of blood thinners I am taking. My 2 years from date of injury will be up on october 19th 2017. My cardiologist will not clear me for surgery. If the w/c send me for maximum impairment rating, will i be compensated for any cash benefit, if yes, how does it work. Thanks

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1 Lawyer Answer
Roy Lee Warren
Roy Lee Warren
Answered
  • Workers' Compensation Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: It looks as if you may have an occupational disease type of injury? With that type of injury your benefits could last longer because your date of injury is the day you know your condition is work related and you have sought medical care.

With a specific injury (certain time place and manner) your benefits begin to accrue when you have disability (defined as loss of earnings because of your injury). The accrual date for income benefits is the date the IW is first entitled to receive payment of income benefits. Income benefits do not begin to accrue until the eighth day of disability. Section 124.7(b) ; APD 032435. [Cross-reference: Existence/Duration of Disability Raised by Other Evidence (I03) ]. For dates of injury occurring on or after September 1, 2005, if the disability continues for two weeks or longer after the date the disability begins, the income benefits shall be computed from the date the disability begins. Section 408.082(c) .

You ask if you can get payment for impairment after 2 years, 104 weeks from date income benefits begin to accrue. YES. An IW may be found to be at the statutory date of MMI (the expiration of 104 weeks from the date on which income benefits begin to accrue) even though he or she requires additional and/or continuing medical care and treatment. Once you are at MMI you can be assigned IR and you get 3 weeks of IIBs for each % point of IR given to you. Good luck.

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