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Chart View: Texas Offset Against Payments for Incapacity

21 Sep, 2023 Frank Ferreri

texas 6796059 640
                               

Austin, TX (WorkersCompensation.com) -- In Texas, when it comes to workers' compensation coverage for government employees and employees of political subdivisions, state law sets forth offsets against payment for incapacity, as the following chart breaks down.

TopicTexas Law
What workers' compensation benefits are offset by for government employees(1) Any amount for incapacity provided by a statute that provides for the payment for incapacity to work because of injury on the job, such as those covering firefighters.
(2) Any amount paid under Article III, Section 52e, of the Texas Constitution, which covers law enforcement personnel.
Employer withholdingIf benefits are offset, an employer may not withhold the offset portion of the employee's wages until the time that benefits are received.
Pension fundIf an employee's wages are offset, the employee and employer shall contribute to the pension fund on the amount of money by which the employee's wages were offset.
An employee's pension benefit may not be reduced as a result of the employee's injuries or any compensation received under this chapter unless the reduction results from a pension revision passed by a majority vote of the affected members of a pension system.

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    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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