If you’ve been hurt on the job in Houston or elsewhere in Texas and are no longer able to perform certain tasks, your doctor may issue something called permanent work restrictions. These restrictions can shape your career, affect your ability to earn a living, and determine the outcome of your workers’ compensation or personal injury claim.
Understanding what permanent restrictions mean and how they impact your legal rights is crucial. Here’s what you need to know under Texas law.
What Are Permanent Work Restrictions?
Permanent work restrictions are medical limitations placed on an injured worker after they’ve reached maximum medical improvement (MMI). MMI means your condition has stabilized and is unlikely to improve with additional treatment.
At this stage, your treating doctor may determine that you cannot safely perform certain tasks that were once part of your job. These restrictions are considered “permanent” because they are expected to last for the rest of your working life.
Examples of common permanent restrictions include:
- No lifting more than 10–20 pounds
- No repetitive bending or twisting
- No standing or walking for more than a certain period
- Avoidance of tasks requiring fine motor skills or prolonged concentration
- Inability to return to physically demanding jobs
These restrictions can significantly impact your ability to return to your previous position or continue working in the same field.
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How Are Permanent Restrictions Determined?
In Texas, your doctor will assess your medical condition through exams, diagnostic tests, and input about your job duties. After evaluating your limitations, they may assign you an impairment rating and outline specific tasks you can no longer perform.
The Texas Department of Insurance, Division of Workers’ Compensation (DWC), oversees how these ratings are handled. If you disagree with the assessment, you may request a second opinion or proceed through a dispute resolution process.
You’ll receive a Work Status Report (DWC Form-073), which outlines your ability to work. If you have permanent restrictions, your employer is expected to review whether they can offer a modified or alternative position that fits your limitations.
What Happens if You Can’t Return to Your Old Job?
If your employer cannot accommodate your permanent restrictions, they’re not required under Texas law to create a new position. That means you may lose your job or have to find new employment that fits your capabilities.
Fortunately, several options may be available:
- Vocational rehabilitation: Texas offers services to help injured workers retrain and find suitable employment through the Texas Workforce Commission.
- Workers’ compensation benefits: If you qualify, you may receive impairment income benefits (IIBs) or supplemental income benefits (SIBs) after your temporary income benefits end.
- Personal injury or third-party lawsuits: In some cases, you may be able to pursue legal action against a third party (such as a contractor or equipment manufacturer) to recover for lost earning capacity and future wages.
It’s important to speak with a lawyer if you’re facing permanent restrictions and job loss. An attorney can help evaluate your eligibility for additional compensation or legal remedies.
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Can You Still Work With Permanent Restrictions?
Yes, many injured workers with permanent restrictions can still work, just not in the same role. You might be able to return to a lighter-duty position or work in a new industry entirely.
However, the transition may require training or education, and the new role may not pay as well as your previous one. This is why it’s important to consider all available benefits and legal claims. You might be eligible for compensation to make up for lower future income, especially in a personal injury or third-party liability case.
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Can You Sue for Permanent Work Restrictions in Texas?
If your employer doesn’t carry workers’ compensation insurance, you may be able to file a lawsuit against them. Even if they do, however, if your injury was caused by someone other than your employer, like a subcontractor, manufacturer, or negligent driver, you may be able to file a third-party personal injury lawsuit against that party. This type of legal claim can allow you to recover damages that are not available under the Texas workers’ compensation system.
In a successful third-party claim, you may be able to recover full economic and non-economic damages for things like:
- Lost earning capacity
- Pain and suffering
- Emotional distress
- Medical bills not covered by workers’ comp
- Future medical expenses
To succeed, you’ll generally need to prove the other party was negligent and that their actions caused your injury. This is another reason why speaking with an experienced attorney is crucial.
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Being given permanent work restrictions doesn’t mean your life or career is over—but it does mean your legal rights and financial future could be at risk. Whether you’re seeking benefits, trying to return to work, or exploring a potential lawsuit, you don’t have to navigate this alone.
At Attorney Brian White Personal Injury Lawyers, we’re here to help you understand your options and fight for the compensation you deserve. Call (713) 500-5000 or contact us today to speak with an experienced Houston personal injury lawyer.
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