Law Office of Alan Tysinger

Burn Injuries and Texas Workers' Compensation Law

This case illustrates the potential hazards of working in the oil and gas industry in West Texas. The report is that one person was seriously injured in an explosion and fire involving storage tanks and a truck in oil field operations. In Texas, and employer is not required to carry... Read more →

Avoiding Fraud Charges Through Hiring a Workers' Compensation Attorney

First of all, fraud is fraud, and in no way am I condoning it. But when I saw the headline for this man in Seguin who was convicted of fraud in his workers' compensation claim, I couldn't help but wonder if he could have avoided the problem with good advice... Read more →

Lump sum settlements: Accrued benefits with interest

In Texas workers compensation claims, there is a general legal prohibition on lump sum settlements. However, often benefits will be paid in a lump sum under the right circumstances. One of those is following a dispute where benefits were denied. Texas Labor Code 408.081 contains the first stipulation regarding benefit... Read more →

Legal Issues in Mental Health Claims Continued (Part VI): Income Benefits Generally

INCOME BENEFITS (A) Impairment in Mental Trauma The Spirit of the 2003-10B advisories, with its baling wire and spit approach to the disaster that is the AMA Guides 4thEd., lives on in the state of mental trauma impairments in Texas. The AMA Guides, 4thEd., reject the use of impairment percentages.... Read more →

Supreme Court Ruling in Cell Location Data Case: Private Investigators, Surveillance, and Fraud in Injury Litigation

Today the Supreme Court issued a ruling in the case of Carpenter vs. United States, in which it decided that authorities generally need a warrant to obtain cell phone location data from service providers. It had been argued by prosecutors/governmental authorities that this information was a business record, kept and... Read more →

I'm never going to be able to do my old job again after the injury. What can I do about that?

It depends. If you meet the requirements, you can apply for lifetime income benefits or supplemental income benefits. LIBS will pay you for the rest of your life. SIBS will pay you up to 401 weeks from your injury date while you try to get back into the workforce, and... Read more →

How are Death Income Benefits determined and paid?

DIBS are paid when you are an eligible beneficiary of a worker who either died on the job, sustaining a compensable death, or died as a direct and natural result of the original compensable injury. Death benefits are 75% per week of the pre-injury average weekly wage. This is more... Read more →

How are Supplemental Income Benefits determined and paid?

Supplemental income benefits (SIBS) are paid if you have at least a 15% impairment rating, the impairment benefits have expired, and you meet the filing criteria for a given thirteen week "qualifying period." Overview To meet the requirements to qualify for benefits, you will need to demonstrate compliance with DWC... Read more →

How are Impairment Income Benefits determined and paid?

Impairment income benefits (IIBS) are paid when you have reached maximum medical improvement and are paid based upon your assigned impairment rating. IIBS are paid beginning the day after the date of maximum medical improvement assigned, and last for 3 weeks for every percentage of impairment assigned. These benefits are... Read more →

What are the different income benefit types?

There are four basic types: temporary income benefits (TIBS), impairment income benefits (IIBS), supplemental income benefits (SIBS), lifetime income benefits (LIBS) and death income benefits (DIBS) SIBS are paid if you have at least a 15% impairment rating, the impairment benefits have expired, and you meet the filing criteria for... Read more →