Texas Codes

Tex. Lab. Code § 408.142 (2026)

Supplemental Income Benefits

✓ current as of May 2026

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Sec. 408.142. SUPPLEMENTAL INCOME BENEFITS. (a) An employee is entitled to supplemental income benefits if on the expiration of the impairment income benefit period computed under Section 408.121(a)(1) the employee:

(1) has an impairment rating of 15 percent or more as determined by this subtitle from the compensable injury;

(2) has not returned to work or has returned to work earning less than 80 percent of the employee's average weekly wage as a direct result of the employee's impairment;

(3) has not elected to commute a portion of the impairment income benefit under Section 408.128; and

(4) has complied with the requirements adopted under Section 408.1415.

(b) If an employee is not entitled to supplemental income benefits at the time of payment of the final impairment income benefit because the employee is earning at least 80 percent of the employee's average weekly wage, the employee may become entitled to supplemental income benefits at any time within one year after the date the impairment income benefit period ends if:

(1) the employee earns wages for at least 90 days that are less than 80 percent of the employee's average weekly wage;

(2) the employee meets the requirements of Subsections (a)(1), (3), and (4); and

(3) the decrease in earnings is a direct result of the employee's impairment from the compensable injury.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.1195, eff. September 1, 2005.

Notes of Decisions

Cited in 42 cases (2 in the last 5 years), 1998–2023 · leading case: Rodriguez v. Serv. Lloyds Ins. Co., 997 S.W.2d 248 (Tex. 1999).

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Rodriguez v. Serv. Lloyds Ins. Co., 997 S.W.2d 248 (Tex. 1999). · cites it 2× “See TEX. LAB.CODE § 408.142; see also Garcia, 893 S.”

Hartford Underwriters Ins. Co. v. Hafley, 96 S.W.3d 469 (Tex. App. 2002). · cites it 2× “See Tex. Lab.Code Ann. §§ 408.142, .147(c) (West 1996 & Supp.”

Ins. Co. of State of the Pennsylvania v. Moore, 43 S.W.3d 77 (Tex. App. 2001). · cites it 2× “See Tex. Lab. Code Ann. § 408.142 ; Rodriguez, 997 S.”

Hector Escalante v. State Off. of Risk Mgmt., 355 S.W.3d 341 (Tex. App. 2011). · cites it 2× “Tex. Lab.Code Ann. § 408.142 (West 2006).”

Texas Dep't of Ins., Div. of Workers' Comp. v. Bonnie Jones & Am. Home Assurance Co., 498 S.W.3d 610 (Tex. 2016). · cites it 2× “Tex. Lab. Code § 408.142(a). 1 If the employee is entitled to SIBs, the amounts are “calculated quarterly and paid monthly,” according to a statutory formula.”

Bruce Humphrey v. Am. Motorists Ins. Co., 102 S.W.3d 811 (Tex. App. 2003). · cites it 2× “At the contested case hearing, the other elements of TEX. LAB. CODE ANN. § 408.142(a) (Vernon 1996) were decided in appellant’s favor and were not appealed.”

Liberty Mut. Ins. Co. v. Montana, 49 S.W.3d 599 (Tex. App. 2001). “Tex. Lab.Code Ann § 408.142(a) (Vernon 1996).”

Bell v. Zurich Am. Ins. Co., 311 S.W.3d 507 (Tex. App. 2010). “See Tex. Lab.Code Ann. § 408.142(a) (Vernon 2006) (if injured worker is assigned impairment rating of 15 percent or higher, worker may become eligible for supplemental income benefits after expiration of impairment income benefits).”

Texas Builders Ins. Co. v. Molder, 311 S.W.3d 513 (Tex. App. 2009). “Tex.Lab.Code Ann. § 408.142(a); Fulton, 46 S.”

State Off. of Risk Mgmt. v. Elaine E. Banks Joiner, 363 S.W.3d 242 (Tex. App. 2012). “Tex. Lab.Code Ann. § 408.142(a) (West 2006).”

Severiano DeLeon v. Royal Indem. Co., 396 S.W.3d 597 (Tex. App. 2010). “See Tex. Lab.Code Ann. § 408.142(a) (West 2006); Fulton, 46 S.”

Am. Home Assurance Co. v. Poehler, 323 S.W.3d 626 (Tex. App. 2010). “Tex. Labor Code Ann. § 408.142 (Vernon 2006).”

Show all 42 citing cases →

— Tex. Lab. Code § 408.142(a) — 13 cases

Texas Dep't of Ins., Div. of Workers' Comp. v. Bonnie Jones & Am. Home Assurance Co., 498 S.W.3d 610 (Tex. 2016). “Tex. Lab. Code § 408.142(a). 1 If the employee is entitled to SIBs, the amounts are “calculated quarterly and paid monthly,” according to a statutory formula.”

Liberty Mut. Ins. Co. v. Montana, 49 S.W.3d 599 (Tex. App. 2001). “Tex. Lab.Code Ann § 408.142(a) (Vernon 1996).”

Texas Builders Ins. Co. v. Molder, 311 S.W.3d 513 (Tex. App. 2009). “Tex.Lab.Code Ann. § 408.142(a); Fulton, 46 S.”

State Off. of Risk Mgmt. v. Elaine E. Banks Joiner, 363 S.W.3d 242 (Tex. App. 2012). “Tex. Lab.Code Ann. § 408.142(a) (West 2006).”

— Tex. Lab. Code § 408.142(a)(1) — 1 case

State Off. of Risk Mgmt. v. Erika M. Cole, as Sole Beneficiary of the Est. of Carolyn P. Cole (Tex. App. 2011).

— Tex. Lab. Code § 408.142(a)(2) — 2 cases

State Off. of Risk Mgmt. v. Escalante, 247 S.W.3d 256 (Tex. App. 2007).

State Off. of Risk Mgmt. v. Hector Escalante (Tex. App. 2007).

— Tex. Lab. Code § 408.142(a)(3) — 1 case

Ins. Co. of State of the Pennsylvania v. Moore, 43 S.W.3d 77 (Tex. App. 2001). “See Tex. Lab. Code Ann. § 408.142 ; Rodriguez, 997 S.”

— Tex. Lab. Code § 408.142(a)(4) — 4 cases

Bruce Humphrey v. Am. Motorists Ins. Co., 102 S.W.3d 811 (Tex. App. 2003). “At the contested case hearing, the other elements of TEX. LAB. CODE ANN. § 408.142(a) (Vernon 1996) were decided in appellant’s favor and were not appealed.”

Teague v. Ins. Co. of State of Pa., 144 S.W.3d 607 (Tex. App. 2004).

State Off. of Risk Mgmt. v. Escalante, 247 S.W.3d 256 (Tex. App. 2007).

State Off. of Risk Mgmt. v. Hector Escalante (Tex. App. 2007).

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