Which System Applies Determines the Value of Your Claim
Compensation after a San Antonio workplace injury depends on whether your claim proceeds through workers’ comp, a non-subscriber civil lawsuit, or third-party negligence claims — or some combination of all three. Workers’ comp provides limited administrative benefits with no pain and suffering. Non-subscriber lawsuits and third-party claims provide the full range of Texas personal injury damages with no cap.
Workers’ Compensation Benefits — The Capped Administrative Path
- Temporary Income Benefits (TIBs): 70% of pre-injury average weekly wage, subject to TDI-DWC annual maximum
- Impairment Income Benefits (IIBs): Paid at MMI — three weeks per percentage point of impairment rating
- Supplemental Income Benefits (SIBs): For workers with 15%+ impairment ratings still earning below 80% of pre-injury AWW
- Lifetime Income Benefits (LIBs): For catastrophic injuries — total permanent loss of sight, hearing, both feet, both hands, or total permanent brain injury. 75% of AWW for life, inflation-adjusted
- Medical benefits: All medically necessary treatment through TDI-DWC’s managed care network
What workers’ comp does NOT provide: Pain and suffering, mental anguish, physical impairment, disfigurement, or the full value of lost earning capacity beyond the AWW cap.
Non-Subscriber Civil Lawsuit — Full Texas Damages, No Cap
- All past and future medical expenses: From date of injury through trial, plus expert-calculated future treatment for permanent injuries
- Lost wages and loss of earning capacity: All past income lost plus present value of lifetime earnings reduction — a Toyota plant worker who cannot return to manufacturing faces significant earning capacity loss that workers’ comp AWW caps fail to capture
- Pain and suffering: Physical pain during recovery and chronic pain from permanent injuries
- Mental anguish: Psychological trauma, PTSD, and depression caused by the injury
- Physical impairment and disfigurement: Loss of function and permanent scarring
- Punitive damages: For gross negligence under §41.003 when the employer consciously disregarded employee safety
Third-Party Claims — Stacking on Top of Workers’ Comp
- Workers’ comp and a third-party civil lawsuit run simultaneously — comp benefits from the employer’s carrier AND civil damages from a third-party defendant
- The comp carrier holds a lien on the third-party recovery to recoup benefits paid — but the combined net recovery consistently exceeds either path alone
- Product liability against equipment manufacturers may not require proving negligence — only that the product was defective and caused the injury
San Antonio Workplace Injury Compensation
- Workers' comp: 70% AWW capped. Medical benefits. Death benefits. No pain/suffering. Exclusive remedy against employer.
- Non-subscriber civil suit: No cap. Full damages including pain/suffering and punitive damages. Employer loses 3 major defenses.
- Third-party claims: Stack on top of workers' comp. Run simultaneously. Product liability may apply strict liability.
Call 210-888-0078 for a free evaluation. Wayne Wright evaluates every applicable damage category across every available claim path simultaneously to identify your maximum total recovery.
