LIBS are paid when you have a severe injury that fits into one of several special categories written into the law.
Lifetime income benefits are different from other workers' compensation benefits, which are limited in duration to specified periods. For example, temporary income benefits are limited to a total of 105 weeks. Impairment income benefits are limited based on the impairment rating percentage times three to arrive at the total number of weeks payable. And supplemental income benefits expire 401 weeks after the date of injury at most.
Lifetime income benefits are just that-- payable for life.
Unfortunately, only a small list of injuries qualify for this benefit. The Labor Code in Texas allows lifetime income benefits as follows:
(a) Lifetime income benefits are paid until the death of the employee for:
(1) total and permanent loss of sight in both eyes;
(2) loss of both feet at or above the ankle;
(3) loss of both hands at or above the wrist;
(4) loss of one foot at or above the ankle and the loss of one hand at or above the wrist;
(5) an injury to the spine that results in permanent and complete paralysis of both arms, both legs, or one arm and one leg;
(6) a physically traumatic injury to the brain resulting in incurable insanity or imbecility; or
(7) third degree burns that cover at least 40 percent of the body and require grafting, or third degree burns covering the majority of either both hands or one hand and the face.
It is also noted in the statute that "loss" can mean not just the body part is removed or amputated, but that the employee has lost the use of that body part. And further, the Texas Supreme Court has stated that loss of use can mean:
"A total loss of the use of a member exists whenever by reason of injury, such member no longer possesses any substantial utility as a member of the body, or the condition of the injured member is such that the workman cannot procure and retain employment requiring the use of the member."
In layman's terms, this means that the injured body part no longer has any significant usefulness, or that the employee cannot get and keep a job requiring the use of that body part. Note that it may be possible for the employee to get and keep a job-- just not using that body part.
Thus, one need not be fully blind, be paralyzed, or have two extremities amputated. Significant nerve damage to multiple extremities causing the inability to use the limb in a job context may be sufficient, and partial loss of sight may be sufficient.
A physically traumatic injury to the brain can either be as a result of some kind of impact or other physical causes. The law was written to exclude purely mental trauma injuries (such as PTSD, depression, and the like).
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