Posted by Katrina Paglierani on Fri, Feb 12, 2010 @ 05:52 AM
Job Finding Services are perfect for those Texas Workers compensation cases where the injured worker is receiving SIBS. Those injured workers, or claimants, receiving SIBS are REQUIRED to look for and accept suitable employment.
The qualifications for this program are a perfect match for a typical case that benefits from Job finding services. 15% or more impairment rating, physically demanding, relatively high paying blue collar positions.
The limit for benefits is 401 weeks from the date of injury, approximately 7.5 years.
http://www.tdi.state.tx.us/pubs/wcreg/2-1.html
Case Example:
Assuming a back injury with impairment rating of 15% or more.
Over 45% of back injuries with a rating of 15% or more go the full 104 weeks before reaching statuatory MMI. Then, assuming this impairment rating, IIB benefits would be paid for 45 weeks. Then the injured worker can apply for SIBS, which could continue for an additional 252 weeks of payments before reaching the 401 week limit.
Therefore, using the current average weekly wage of 773/wk, payments of 618.40 would be paid before reaching the 401 week threshold. A total of $155,836.80 in SIBS payments to the injured worker.
Keep in mind, only 69% of these cases go the 104 weeks before reaching MMI, so the SIBS payments could begin earlier, and last longer.
See below, information taken form the Texas site with regard to Workers compensation SIBS program.
Changes to the Supplemental Income Benefits Application Process - for SIBs qualifying periods beginning on or after July 1, 2009.
Supplement Income Benefits (SIBs) are income benefits that you apply for quarterly (4 times per year, or every 3 months) and are paid monthly to injured employees that meet specific eligibility requirements.
You may be entitled to SIBs if you meet the following entitlement requirements:
- you have an impairment rating of 15 percent or more;
- you have not returned to work because of your impairment, or you have returned to work but are earning less than 80 percent of the average weekly wage because of the impairment;
- you have made a good faith effort to find a job that matches your abilities to work; and
- you did not take your impairment income benefits in a lump sum payment.
Texas has some very specific requirements with regard to the injured worker seeking re-employment. Each time they apply for their SIBS benefits (quarterly) they are required to supply details of their search for work. Our
Posted by Katrina Paglierani on Thu, Nov 12, 2009 @ 08:59 AM
What options do you have for Injured Workers with Permanent Restrictions?
If an Employer is unable or unwilling to offer light duty positions? what are your options?
What if the employer does not offer a return to work, RTW program?
Below, are some options available.
- Volunteer or charity jobs- insurer still pays wage-loss benefits
-
Training programs- insurer still pays wage-loss benefits
-
Work at home -in many cases not accepted as true "employment".
-
Employment positions with new employer
What have you used, and what have been the results?
In my opinion, in comes down to the particulars of each case. when I posed this question on a public forum there was quite a bit of interest.
In general, the responses expressed that offering light duty or transitional positions should be the first choice. I would agree that if such positions are open, they are the best option for employers.
Most agree that returning an injured employee to some sort of work quickly is the best policy. I think the particulars of the case often determine what that option should be.
Another point was made that training etc is very helpful. And, I agree with this as well. Oftentimes, it is beneficial to get these injured workers additional training to make them more marketable and employable.
Lastly, quick settlement was suggested. Again, a good idea when possible.
These are all good ideas.
Lets look at each option:
Light duty or transitional duty: Many companies do not have light duty positions available. Especially companies in Construction, transportation, manufacturing and the like. Many of these companies to not have office staff employed or an office at all for that matter.
Training: This is a good option, and voc rehab is mandatory in some states. It is a good way to increase the employability of an injured worker. But, it does cost, and does not guarantee that the person will be better able to find a job. It also does not mean they will use the training to their benefit. They will still need to aggressively and consistently look for work.
Settlement: This assumes that you can get the claimant to settle. The longer a case drags on, the more expensive it is.
Employment with a new employer. Re-employment ends (or at least immediately reduces) wage-loss or indemnity payments. Workers Comp claimaints are required to look for and accept employment that is within their restrictions.