Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 408. WORKERS' COMPENSATION BENEFITS
Texas Codes

Tex. Lab. Code § 408.161 (2026)

Lifetime Income Benefits

✓ current as of May 2026
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Sec. 408.161. LIFETIME INCOME BENEFITS. (a) Lifetime income benefits are paid until the death of the employee for:

(1) total and permanent loss of sight in both eyes;

(2) loss of both feet at or above the ankle;

(3) loss of both hands at or above the wrist;

(4) loss of one foot at or above the ankle and the loss of one hand at or above the wrist;

(5) an injury to the spine that results in permanent and complete paralysis of both arms, both legs, or one arm and one leg;

(6) a physically traumatic injury to the brain that, as determined using evidence-based medicine, results in a permanent major neurocognitive disorder:

(A) for which the employee requires occasional supervision in the performance of routine daily tasks of self-care; and

(B) that renders the employee permanently unemployable; or

(7) third degree burns that cover at least 40 percent of the body and require grafting, or third degree burns covering the majority of:

(A) both hands;

(B) one hand and one foot; or

(C) one hand or one foot and the face.

(b) For purposes of Subsection (a), the total and permanent loss of use of a body part is the loss of that body part.

(c) Subject to Section 408.061, the amount of lifetime income benefits is equal to 75 percent of the employee's average weekly wage. Benefits being paid shall be increased at a rate of three percent a year notwithstanding Section 408.061.

(d) An insurance carrier may pay lifetime income benefits through an annuity if the annuity agreement meets the terms and conditions for annuity agreements adopted by the commissioner by rule. The establishment of an annuity under this subsection does not relieve the insurance carrier of the liability under this title for ensuring that the lifetime income benefits are paid.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1443, Sec. 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1426, Sec. 14, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1456, Sec. 9.01, eff. June 17, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.126, eff. September 1, 2005.

Acts 2023, 88th Leg., R.S., Ch. 721 (H.B. 2468), Sec. 2, eff. September 1, 2023.

Notes of Decisions
Cited in 45 cases (8 in the last 5 years), 1998–2025 · leading case: Liberty Mut. Ins. Co. v. Ricky Adcock, 412 S.W.3d 492 (Tex. 2013).
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Liberty Mut. Ins. Co. v. Ricky Adcock, 412 S.W.3d 492 (Tex. 2013). · cites it 7× “If the Legislature determines that the employers and employees of Texas are best served by allowing for re-opening LIB determinations, it may craft a review procedure in the statute — as it has done with temporary benefits and previously did with LIBs.”
Ins. of State of Pennsylavania v. Muro, 347 S.W.3d 268 (Tex. 2011). · cites it 10× “Had the Legislature intended for total and permanent incapacity to serve generally as the basis for the award of lifetime income benefits under the new law, it would have retained the old law’s “other loss” clause or replaced the specific injuries and conditions enumerated in…”
Texas Dep't of Ins., Workers' Comp. Div. v. De Los Santos, 446 S.W.3d 800 (Tex. App. 2014). · cites it 9× “2011); TEX. LAB. CODE ANN. § 408.161 (West 2006).”
Barchus v. State Farm Fire & Cas. Co., 167 S.W.3d 575 (Tex. App. 2005). · cites it 6× “See Tex. Lab.Code Ann. § 408.161 (Vernon Supp.”
El Paso Indep. Sch. Dist. v. Pabon, 214 S.W.3d 37 (Tex. App. 2006). · cites it 2× “Tex.Lab. Code Ann. § 408.161(a)(3)(Vernon 2006).”
Hartford Underwriters Ins. Co. v. Burdine, 34 S.W.3d 700 (Tex. App. 2001). · cites it 4× “Tex.Lab.Code Ann. § 408.161; Pacific Employers Ins.”
Dallas Nat'l Ins. Co. v. Gloria De La Cruz, 470 S.W.3d 56 (Tex. 2015). · cites it 3× “Tex. Lab. Code § 408.161. The award was based on De La Cruz’s claim that an injury to her back extended to and affected both her feet at or above the ankle, causing permanent, total loss of use of them.”
Pac. Employers Ins. v. Dayton, 958 S.W.2d 452 (Tex. App. 1998). · cites it 3× “Tex. Lab.Code Ann. § 408.161. Under the old law, the phrase “total loss of use” existed whenever by reason of injury such member no longer possesses any substantial utility as a member of the body or the condition of the injured member is such that the worker cannot get and keep…”
Nat'l Union Fire Ins. Co. v. Burnett, 968 S.W.2d 950 (Tex. App. 1998). · cites it 5× “8306, § 11a (Vernon 1969) (emphasis added) (repealed 1989) (current version at Tex. Lab.Code Ann. § 408.161 (Vernon 1996 & Supp.”
Liberty Mut. Ins. Co. v. Camacho, 228 S.W.3d 453 (Tex. App. 2007). · cites it 2× “Laws 42 (amended 1997) (current version at Tex Lab.Code Ann. § 408.161(6) (Vernon 2006)).”
Dallas Nat'l Ins. Co. v. Gloria De La Cruz, 412 S.W.3d 36 (Tex. App. 2013). · cites it 4× “Tex.Lab.Code Ann. § 408.161(a). Here, De La Cruz claimed her compensable injury fell under Subsection (a)(2), “loss [or lost use] of both feet at or above the ankle.”
Mid-Century Ins. Co. v. Texas Workers' Comp. Comm'n, 187 S.W.3d 754 (Tex. App. 2006). “” Tex. Lab.Code Ann. § 408.161(a) & (c). Such benefits are payable for certain enumerated classes of severe injuries that are permanent in nature, including total and permanent loss of sight in both eyes; loss of both feet, both hands, or one foot and one hand; a spinal injury…”
Show all 45 citing cases →
— Tex. Lab. Code § 408.161(6) — 1 case
Liberty Mut. Ins. Co. v. Camacho, 228 S.W.3d 453 (Tex. App. 2007). “Laws 42 (amended 1997) (current version at Tex Lab.Code Ann. § 408.161(6) (Vernon 2006)).”
— Tex. Lab. Code § 408.161(a) — 15 cases
Liberty Mut. Ins. Co. v. Ricky Adcock, 412 S.W.3d 492 (Tex. 2013). “If the Legislature determines that the employers and employees of Texas are best served by allowing for re-opening LIB determinations, it may craft a review procedure in the statute — as it has done with temporary benefits and previously did with LIBs.”
Mid-Century Ins. Co. v. Texas Workers' Comp. Comm'n, 187 S.W.3d 754 (Tex. App. 2006). “” Tex. Lab.Code Ann. § 408.161(a) & (c). Such benefits are payable for certain enumerated classes of severe injuries that are permanent in nature, including total and permanent loss of sight in both eyes; loss of both feet, both hands, or one foot and one hand; a spinal injury…”
Barchus v. State Farm Fire & Cas. Co., 167 S.W.3d 575 (Tex. App. 2005). “See Tex. Lab.Code Ann. § 408.161 (Vernon Supp.”
Ins. of State of Pennsylavania v. Muro, 347 S.W.3d 268 (Tex. 2011). “Had the Legislature intended for total and permanent incapacity to serve generally as the basis for the award of lifetime income benefits under the new law, it would have retained the old law’s “other loss” clause or replaced the specific injuries and conditions enumerated in…”
Dallas Nat'l Ins. Co. v. Gloria De La Cruz, 470 S.W.3d 56 (Tex. 2015). “Tex. Lab. Code § 408.161. The award was based on De La Cruz’s claim that an injury to her back extended to and affected both her feet at or above the ankle, causing permanent, total loss of use of them.”
— Tex. Lab. Code § 408.161(a)(1) — 3 cases
Ins. of State of Pennsylavania v. Muro, 347 S.W.3d 268 (Tex. 2011). “Had the Legislature intended for total and permanent incapacity to serve generally as the basis for the award of lifetime income benefits under the new law, it would have retained the old law’s “other loss” clause or replaced the specific injuries and conditions enumerated in…”
Travelers Indem. Co. of Connecticut v. Billy Thompson (Tex. App. 2018).
Randall Law v. Texas Dep't of Ins. – Div. of Workers' Comp. Subsequent Injury Fund, Jeff Nelson, Kara MacE, & Blaise Gerstenlauer (Tex. App. 2025).
— Tex. Lab. Code § 408.161(a)(1)(5) — 1 case
Rebecca Gallardo v. Ins. Co. of the State of Pennsylvania (Tex. App. 2019).
— Tex. Lab. Code § 408.161(a)(1)(7) — 1 case
Rebecca Gallardo v. Ins. Co. of the State of Pennsylvania (Tex. App. 2019).
— Tex. Lab. Code § 408.161(a)(2) — 3 cases
Ins. of State of Pennsylavania v. Muro, 347 S.W.3d 268 (Tex. 2011). “Had the Legislature intended for total and permanent incapacity to serve generally as the basis for the award of lifetime income benefits under the new law, it would have retained the old law’s “other loss” clause or replaced the specific injuries and conditions enumerated in…”
Dallas Nat'l Ins. Co. v. Gloria De La Cruz, 412 S.W.3d 36 (Tex. App. 2013). “Tex.Lab.Code Ann. § 408.161(a). Here, De La Cruz claimed her compensable injury fell under Subsection (a)(2), “loss [or lost use] of both feet at or above the ankle.”
City of Fort Worth, Texas v. Print Clark (Tex. App. 2019).
— Tex. Lab. Code § 408.161(a)(3) — 4 cases
El Paso Indep. Sch. Dist. v. Pabon, 214 S.W.3d 37 (Tex. App. 2006). “Tex.Lab. Code Ann. § 408.161(a)(3)(Vernon 2006).”
Casillas v. State Off. of Risk Mgmt., 146 S.W.3d 735 (Tex. App. 2004).
Texas Dep't of Ins., Workers' Comp. Div. v. De Los Santos, 446 S.W.3d 800 (Tex. App. 2014). “2011); TEX. LAB. CODE ANN. § 408.161 (West 2006).”
Region Xix Serv. Ctr. v. Banda, 343 S.W.3d 480 (Tex. App. 2011).
— Tex. Lab. Code § 408.161(a)(4) — 3 cases
Liberty Mut. Ins. Co. v. Ricky Adcock, 412 S.W.3d 492 (Tex. 2013). “If the Legislature determines that the employers and employees of Texas are best served by allowing for re-opening LIB determinations, it may craft a review procedure in the statute — as it has done with temporary benefits and previously did with LIBs.”
Am. Zurich Ins. Co. v. Daniel Samudio (Tex. App. 2015).
Accident Fund Gen. Ins. Co. v. Rodrigo Mendiola (Tex. App. 2023).
— Tex. Lab. Code § 408.161(a)(6) — 6 cases
Barchus v. State Farm Fire & Cas. Co., 167 S.W.3d 575 (Tex. App. 2005). “See Tex. Lab.Code Ann. § 408.161 (Vernon Supp.”
Liberty Mut. Ins. Co. v. Camacho, 228 S.W.3d 453 (Tex. App. 2007). “Laws 42 (amended 1997) (current version at Tex Lab.Code Ann. § 408.161(6) (Vernon 2006)).”
Francisco Chamul v. Amerisure Mut. Ins. Co. (Tex. App. 2015).
Lubbock Cnty. v. Oscar Reyna (Tex. App. 2024).
Kenneth Barchus v. State Farm Fire & Cas. Co. (Tex. App. 2005).
— Tex. Lab. Code § 408.161(a)(7) — 1 case
Accident Fund Gen. Ins. Co. v. Rodrigo Mendiola (Tex. App. 2023).
— Tex. Lab. Code § 408.161(a)(b) — 1 case
Galindo v. Old Repub. Ins. Co., 146 S.W.3d 755 (Tex. App. 2004).
— Tex. Lab. Code § 408.161(a)(l) — 2 cases
Ins. of State of Pennsylavania v. Muro, 347 S.W.3d 268 (Tex. 2011). “Had the Legislature intended for total and permanent incapacity to serve generally as the basis for the award of lifetime income benefits under the new law, it would have retained the old law’s “other loss” clause or replaced the specific injuries and conditions enumerated in…”
Randall Law v. Texas Dep't of Ins. – Div. of Workers' Comp. Subsequent Injury Fund, Jeff Nelson, Kara MacE, & Blaise Gerstenlauer (Tex. App. 2025).
— Tex. Lab. Code § 408.161(a)(l)(7) — 1 case
Dallas Nat'l Ins. Co. v. Gloria De La Cruz, 412 S.W.3d 36 (Tex. App. 2013). “Tex.Lab.Code Ann. § 408.161(a). Here, De La Cruz claimed her compensable injury fell under Subsection (a)(2), “loss [or lost use] of both feet at or above the ankle.”
— Tex. Lab. Code § 408.161(b) — 5 cases
Ins. of State of Pennsylavania v. Muro, 347 S.W.3d 268 (Tex. 2011). “Had the Legislature intended for total and permanent incapacity to serve generally as the basis for the award of lifetime income benefits under the new law, it would have retained the old law’s “other loss” clause or replaced the specific injuries and conditions enumerated in…”
El Paso Indep. Sch. Dist. v. Pabon, 214 S.W.3d 37 (Tex. App. 2006). “Tex.Lab. Code Ann. § 408.161(a)(3)(Vernon 2006).”
Hartford Underwriters Ins. Co. v. Burdine, 34 S.W.3d 700 (Tex. App. 2001). “Tex.Lab.Code Ann. § 408.161; Pacific Employers Ins.”
Texas Dep't of Ins., Workers' Comp. Div. v. De Los Santos, 446 S.W.3d 800 (Tex. App. 2014). “2011); TEX. LAB. CODE ANN. § 408.161 (West 2006).”
Dallas Nat'l Ins. Co. v. Gloria De La Cruz, 412 S.W.3d 36 (Tex. App. 2013). “Tex.Lab.Code Ann. § 408.161(a). Here, De La Cruz claimed her compensable injury fell under Subsection (a)(2), “loss [or lost use] of both feet at or above the ankle.”
— Tex. Lab. Code § 408.161(c) — 2 cases
Texas Dep't of Ins., Workers' Comp. Div. v. De Los Santos, 446 S.W.3d 800 (Tex. App. 2014). “2011); TEX. LAB. CODE ANN. § 408.161 (West 2006).”
Texas Dept. of Ins., Worker's Comp Div. v. Roel De Los Santos (Tex. App. 2014).
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