Tex.
Labor Code Section 408.044
Average Weekly Wage for Minor, Apprentice, Trainee, or Student
(a)
For computing impairment income benefits, supplemental income benefits, lifetime income benefits, or death benefits, the average weekly wage of an employee shall be adjusted to reflect the level of expected wages during the period that the benefits are payable if:(1)
the employee is a minor, apprentice, trainee, or student at the time of the injury;(2)
the employee’s employment or earnings at the time of the injury are limited primarily because of apprenticeship, continuing formal training, or education intended to enhance the employee’s future wages; and(3)
the employee’s wages would reasonably be expected to change because of a change of employment during that period.(b)
An adjustment under Subsection (a) may not consider expected wage levels for a period occurring after the third anniversary of the date of the injury.(b)
For purposes of computing income benefits or death benefits under Section 88.303 (Workers’ Compensation Insurance Coverage), Education Code, the average weekly wage of a Texas Task Force 1 member, as defined by Section 88.301 (Definitions), Education Code, who is engaged in authorized training or duty is an amount equal to the sum of the member’s regular weekly wage at any employment, including self-employment, that the member holds in addition to serving as a member of Texas Task Force 1, except that the amount may not exceed 100 percent of the state average weekly wage as determined under Section 408.047 (State Average Weekly Wage). A member for whom an average weekly wage cannot be computed shall be paid the minimum weekly benefit established by the division.(c)
For purposes of computing income benefits or death benefits under Section 88.126 (Workers’ Compensation Insurance Coverage: Intrastate Fire Mutual Aid System and Regional Incident Management Teams), Education Code, the average weekly wage of an intrastate fire mutual aid system team member or a regional incident management team member, as defined by Section 88.126 (Workers’ Compensation Insurance Coverage: Intrastate Fire Mutual Aid System and Regional Incident Management Teams), Education Code, who is engaged in authorized training or duty is an amount equal to the sum of the member’s regular weekly wage at any employment, including self-employment, that the member holds in addition to serving as a member of an intrastate fire mutual aid system team or a regional incident management team, as applicable, except that the amount may not exceed 100 percent of the state average weekly wage as determined under Section 408.047 (State Average Weekly Wage). A member for whom an average weekly wage cannot be computed shall be paid the minimum weekly benefit established by the division.
Source:
Section 408.044 — Average Weekly Wage for Minor, Apprentice, Trainee, or Student, https://statutes.capitol.texas.gov/Docs/LA/htm/LA.408.htm#408.044 (accessed Apr. 20, 2024).
