10.4 Wages Copy

Except as otherwise provided by, the average weekly wage of an employee who has worked for the employer for at least the 13 consecutive weeks immediately preceding an injury is computed by dividing the sum of the wages paid in the 13 consecutive weeks immediately preceding the date of the injury by 13.

THE AVERAGE WEEKLY WAGE OF AN EMPLOYEE WHOSE WAGE AT THE TIME OF INJURY HAS NOT BEEN FIXED OR CANNOT BE DETERMINED OR WHO HAS WORKED FOR THE EMPLOYER FOR LESS THAN THE 13 WEEKS IMMEDIATELY PRECEDING THE INJURY EQUALS:

• The usual wage that the employer pays a similar employee for similar services; or
• If a similar employee does not exist, the usual wage paid in that vicinity for the same or similar services provided for remuneration.

If the previous method cannot reasonably be applied because the employee’s employment has been irregular or because the employee has lost time from work during the 13-week period immediately preceding the injury because of illness, weather, or another cause beyond the control of the employee, the commission may determine the employee’s average weekly wage by any method that the commission considers fair, just, and reasonable to all parties and consistent with the methods established under this section.

Average Weekly Wage for Part-Time Employee or Employee with Multiple Employment

The average weekly wage of a part-time employee who, at the time of the injury, was working less than a full-time workweek as a regular course of that employee’s conduct is computed as follows.

For part-time employees not covered by the Subsection above, the average weekly wage:

• For determining temporary income benefits is computed as provided; and
• For determining impairment income benefits, supplemental income benefits, lifetime income benefits, and death benefits is computed as follows:

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 work week at the same rate of pay; or:

• 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:
• The weekly wage that the employer pays a similar employee for similar services based on a full-time workweek; or
• If a similar employee does not exist, the usual wage paid in that vicinity for the same or similar services based on a full-time work week.

For employees with multiple employments, the average weekly wage for determining temporary income benefits, impairment income benefits, supplemental income benefits, lifetime income benefits, and death benefits, is computed as follows:

• The average weekly wage for an employee the multiple employments is equal to the sum of the average weekly wages computed above,
• For each of the employers for whom the employee has worked for at least the 13 weeks immediately preceding the date of injury, the average weekly wage is equal to the sum of the wages paid by that employer to the employee in the 13 weeks immediately preceding the injury divided by 13;

For each of the employers for whom the employee has worked for less than the 13 weeks immediately preceding the date of the injury, the average weekly wage is equal to:

• The weekly wage that employer pays similar employees for similar services; or
• If a similar employee does not exist, the usual weekly wage paid in that vicinity for the same or similar services; and
• The average weekly wage of an employee with multiple employments who limits the employee’s work to less than a full-time work week, but does not do so as a regular course of that employee’s conduct, is adjusted to the weekly wage level the employee would have attained by working a full-time workweek at the employee’s average rate of pay.

The Department Of Insurance Shall:

• Prescribe a form to collect information regarding the wages of employees with multiple employment; and
• By rule, determine the manner by which the commission collects and distributes wage information to implement this

For an employee with multiple employments, only the employee’s wages that are reportable for federal income tax purposes may be considered. The employee shall document and verify wage payments subject to this section.

If the commission determines that computing the average weekly wage for an employee as provided by above is impractical or unreasonable, the commission shall set the average weekly wage in a manner that more fairly reflects the employee’s average weekly wage and that is fair and just to both parties or is in the manner agreed to by the parties. The Commissioner by rule may define methods to determine a fair and just average weekly wage consistent with this section.

An insurance carrier is entitled to apply for and receive reimbursement at least annually from the subsequent injury fund for the amount of income benefits paid to a worker under this section that are based on employment other than the employment during which the compensable injury occurred.

The Commissioner may adopt rules that govern the documentation, application process, and other administrative requirements necessary to implement this subsection.

In this section, the following definitions apply:

• Employee with multiple employments means an employee who has more than one employer.
• Full-time workweek means a 40-hour

Part-time employee means an employee who, at the time of the injury, was working less than a full-time workweek for the employer for whom the employee was working when the compensable injury occurred.

State Average Weekly Wage

The state average weekly wage equals the annual average of the average weekly wage of manufacturing production workers in Texas, as determined by the Texas Employment Commissioner.

For more information:
http://www.tdi.state.tx.us/wc/index.html