Texas work related injuries that are handled by the Texas Division of Workers’ Compensation will use your Average Weekly Wage to calculate your disability benefits and impairment benefits. If your AWW is miscalculated by just a few dollars per week, you could lose hundreds or even thousands of dollars over the life of your claim.
You generally calculate Average Weekly Wage by adding up your gross salary for the thirteen weeks prior to your injury then divided by 13 to get an average. This calculation should not only include your wage, but also any fringe benefits (i.e. bonuses, insurance, housing, food, clothing, etc.), that are discontinued after the accident.
If there are not thirteen weeks of employment prior to the date of injury, a similar employee may be used or an agreement between the parties. If you question your average weekly wage, you may request a DWC-3 form which your employer should have provided to the insurance carrier.
Daniel L. Morris, The Morris Law Firm, (214)357-1782, firstname.lastname@example.org