What Is Disability in Texas Workers’ Comp Claims?
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What Is Disability in Texas Workers’ Comp Claims?
Understanding disability in Texas workers’ comp claims is essential for protecting your income after a workplace injury. Many injured workers assume disability means being permanently unable to work — but that’s not how Texas law defines it.
Under the Texas Workers’ Compensation Act, disability simply means your work‑related injury prevents you from earning your pre‑injury wages. It is a wage‑loss concept, not a medical label.
This guide explains what disability really means, how it affects your right to Temporary Income Benefits (TIBs), and what to do if the insurance company disputes your disability status.
How Texas Law Defines “Disability”
Texas workers’ compensation uses a very specific definition:
Disability = the inability to earn your pre‑injury wages because of a work‑related injury.
That’s it.
It does not mean:
- You are permanently disabled
- You cannot work at all
- You qualify for long‑term disability programs
- You have a certain medical diagnosis
You can be considered disabled even if:
- You can work, but only in a lower‑paying job
- You can work fewer hours
- Your employer cannot accommodate your restrictions
- Your doctor limits your physical activities
If your injury reduces your earnings, you may qualify for disability under Texas workers’ comp.
Disability and Temporary Income Benefits (TIBs)
Because disability in Texas workers’ comp claims is based on wage loss, it directly affects your eligibility for Temporary Income Benefits (TIBs) — the primary income benefit available before you reach Maximum Medical Improvement (MMI).
You may qualify for TIBs if:
- Your doctor takes you completely off work
- You are placed on restrictions your employer cannot accommodate
- You return to work but earn less because of your injury
TIBs are paid at 70% of your lost wages, subject to state maximums and minimums.
If the insurance company disputes your disability, they may stop or reduce your TIBs — which is why accurate documentation and legal support are critical.
FAQs: What Is Disability in Texas Workers’ Comp Claims?
It means your work‑related injury prevents you from earning your pre‑injury wages. It is a wage‑loss concept, not a medical diagnosis.
Yes. If you earn less because of your injury or restrictions, you may still qualify for disability and Temporary Income Benefits.
Your treating doctor determines your work status, but the insurance company may dispute it. A workers’ comp attorney can help protect your rights.
You may still qualify for disability benefits. Document everything and speak with an attorney immediately.
Yes. Insurance companies frequently dispute disability to avoid paying TIBs. Legal representation can make a major difference.
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 Doctors Establish Disability
Your treating doctor plays a central role in determining disability. Key documentation includes:
- DWC‑73 Work Status Reports
- Objective medical findings
- Functional limitations
- Restrictions on lifting, bending, standing, or repetitive tasks
Insurance companies often challenge disability by:
- Claiming your restrictions are unnecessary
- Arguing you can return to modified duty
- Suggesting your wage loss is unrelated to the injury
- Sending you to required medical exams
A workers’ comp attorney ensures your medical records accurately reflect your limitations and protects you from unfair disability disputes.
Common Reasons Disability Is Disputed
Insurance carriers frequently dispute disability to avoid paying TIBs. Common arguments include:
- “You can return to light duty.”
- “Your employer offered modified work.”
- “Your wage loss isn’t related to the injury.”
- “Your doctor’s restrictions are too strict.”
- “You were fired”
- “You reached MMI earlier than your doctor says.”
If your disability is challenged, you may need:
- A Benefit Review Conference (BRC)
- A Contested Case Hearing (CCH)
- A designated doctor exam
- Additional medical evidence
MLF Legal handles these disputes every day and knows how to build strong, evidence‑based disability claims.
How Disability Impacts Your Workers’ Comp Case
Your disability status determines:
- Whether you receive TIBs
- How long TIBs continue
- Whether you can safely return to work
- Whether your employer must accommodate restrictions
- How your claim is evaluated at hearings
A mistake in disability classification can cost you significant income.
When to Call a Texas Workers’ Comp Attorney
You should contact an attorney immediately if:
- Your disability is denied
- Your employer refuses to honor restrictions
- You are pressured to return to work too soon
- The insurance company stops your TIBs
- You are unsure whether your wage loss qualifies as disability
MLF Legal protects injured workers from insurance company tactics and ensures you receive every benefit the law allows.
Call MLF Legal today at 214‑357‑1782 for a free consultation.
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