Post Injury Earnings and Disability in Texas Workers’ Compensation
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Post Injury Earnings and Disability in Texas Workers’ Compensation
When you’re injured on the job in Texas, your ability to earn wages often changes overnight. Some workers cannot return at all, while others go back in a reduced‑capacity role. Because of this, the Texas workers’ compensation system uses Post‑Injury Earnings (PIE) to determine whether you have disability and whether you qualify for Temporary Income Benefits (TIBs).
Understanding PIE is essential. It affects how much you’re paid, how long your benefits last, and how the insurance company evaluates your disability status. This guide explains how PIE works, why it matters, and how to protect your benefits when your wages change after an injury.
What Are Post Injury Earnings (PIE)?
Post‑Injury Earnings are any wages you earn after your work‑related injury, including:
- Light‑duty wages
- Part‑time wages
- Reduced‑hour wages
- Modified‑duty wages
- Wages from a new employer
- Wages from self‑employment
- Wages the carrier deems you could have earned through a Bona Fide Offer of Employment
PIE is not limited to actual paychecks. The law also allows carriers to deem wages under certain circumstances, which can dramatically affect your benefits.
How PIE Determines Disability
Texas defines disability as:
The inability to earn your pre‑injury wages because of your work‑related injury.
Because of this, PIE plays a central role in deciding whether you have disability.
If your PIE is lower than your pre‑injury wages:
You may have disability and may qualify for TIBs.
If your PIE equals or exceeds your pre‑injury wages:
You do not have disability, and TIBs may stop.
If you have no PIE at all:
You may have full disability, assuming medical evidence supports your inability to work.
This is why PIE matters so much — it directly affects your entitlement to income benefits.
FAQs: Post Injury Earnings and Disability in Texas Workers’ Compensation
Post‑injury earnings are the wages you earn after a work‑related injury, including light‑duty or reduced‑hour wages.
If your PIE is lower than your pre‑injury wages, you may have disability. If your PIE equals or exceeds your pre‑injury wages, you may not.
Yes, but only if your employer made a valid Bona Fide Offer of Employment under Rule 129.6.
Yes. TIBs are based on the difference between your pre‑injury wages and your PIE.
You can challenge the calculation through a Benefit Review Conference. An attorney can help correct errors.
Injured at work in Texas and your employer doesn’t have workers’ comp?
You may have the right to sue and recover full compensation.
Contact MLF Legal today for a free consultation. You pay nothing unless we win your case.
How PIE Affects Temporary Income Benefits (TIBs)
TIBs are calculated using the difference between:
- Your Average Weekly Wage (AWW) before the injury, and
- Your Post‑Injury Earnings (PIE) after the injury
The formula is straightforward:
TIBs = 70% of the difference between AWW and PIE
Because of this, even small changes in PIE can significantly change your weekly benefit amount.
Actual PIE vs. Deemed PIE
Although actual earnings are easy to understand, deemed PIE often creates disputes.
Actual PIE
These are wages you truly earned after the injury. They include paychecks, tips, commissions, and other income.
Deemed PIE
These are wages the insurance carrier claims you should have earned. Deemed PIE often arises when:
- Your employer makes a Bona Fide Offer of Employment (BFOE)
- You reject the offer
- You delay responding to the offer
- The carrier believes you could have worked but chose not to
Under Rule 129.6, a carrier may deem wages as PIE only if the offer is bona fide. If the offer fails any requirement, the carrier cannot legally reduce your benefits.
How Employers and Carriers Use PIE to Challenge Disability
Insurance companies often use PIE to argue that disability no longer exists. They may claim:
- You can return to work at full wages
- You refused a valid light‑duty job
- You are capable of earning more than you report
- Your wage loss is unrelated to the injury
- You reached Maximum Medical Improvement early
These arguments can reduce or stop your TIBs. However, many of them fall apart once the facts are examined.
Common PIE Disputes
Workers frequently face disputes involving:
- Incorrect wage calculations
Carriers sometimes miscalculate PIE or AWW, which lowers your benefits.
- Invalid Bona Fide Offers of Employment
If the offer doesn’t meet Rule 129.6, the carrier cannot deem wages.
- Underreported or misclassified earnings
Workers may unintentionally report wages incorrectly, leading to disputes.
- Overstated earning capacity
Carriers sometimes assume you can work more than your restrictions allow.
- Delayed or missing Work Status Reports
Without updated restrictions, carriers may assume you can earn full wages.
Each of these issues can be challenged with proper documentation and legal support.
How to Protect Your Disability Status When You Have PIE
To safeguard your benefits, you should:
- Keep copies of all pay stubs
- Report earnings accurately and promptly
- Ensure your doctor updates your DWC‑73 regularly
- Avoid accepting work outside your restrictions
- Have an attorney review any job offer
- Document all communication with your employer
Strong documentation prevents carriers from misusing PIE to reduce your benefits.
How MLF Legal Helps Injured Workers
MLF Legal protects injured workers by:
- Reviewing PIE calculations for accuracy
- Challenging improper deemed wages
- Ensuring disability is properly documented
- Correcting AWW and PIE errors
- Disputing invalid BFOEs
- Representing workers at Benefit Review Conferences and hearings
When your income is on the line, you deserve a strong team that understands the system and fights for your rights.
Call the Texas Workers Comp Lawyers at MLF Legal today at 214‑357‑1782 for a free consultation.
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