2019 Texas Statutes
Labor Code
Title 5 - Workers' Compensation
Subtitle A - Texas Workers' Compensation Act
Chapter 408 - Workers' Compensation Benefits
Subchapter C. Computation of Average Weekly Wage
Section 408.044. Average Weekly Wage for Minor, Apprentice, Trainee, or Student
Sec. 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.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
