Texas Labor Code
§ 408.042 — AVERAGE WEEKLY WAGE FOR PART-TIME EMPLOYEE OR EMPLOYEE WITH MULTIPLE EMPLOYMENT
LA § 408.042Title 5. WORKERS' COMPENSATION · Part A. TEXAS WORKERS' COMPENSATION ACT · Ch. 408. WORKERS' COMPENSATION BENEFITS · Art. C. COMPUTATION OF AVERAGE WEEKLY WAGE
Statute text
View on source(a)The average weekly wage of a part-time employee who limits the employee's work to less than a full-time workweek as a regular course of that employee's conduct is computed as provided by Section 408.041.
(b)For part-time employees not covered by Subsection (a), the average weekly wage:
(1)for determining temporary income benefits is computed as provided by Section 408.041; and
(2)for determining impairment income benefits, supplemental income benefits, lifetime income benefits, and death benefits is computed as follows:
(A)if the employee has worked for the employer for at least the 13 weeks immediately preceding the date of the injury, the average weekly wage is computed by dividing the sum of the wages paid in the 13 consecutive weeks immediately preceding the date of the injury by 13 and adjusting that amount to the weekly wage level the employee would have attained by working a full-time workweek at the same rate of pay; or
(B)if the employee has worked for the employer for less than 13 weeks immediately preceding the date of the injury, the average weekly wage is equal to:
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Legislative history
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.095, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1150 (S.B. 1169), Sec. 2, eff. September 1, 2007.