Can I File for Workers’ Compensation if I’m only part time in Bexar

Often time, a part-time employee will wonder if they are able to receive worker’s compensation benefits, and if so, how much will it be different in comparison to a full-time employee, especially since full-time employee typically receive more benefits.

Part-Time Workers Can Be Eligible for Worker’s Compensation

Throughout Texas, if an employer decides to give full-time employees worker’s compensation benefits, then those benefits are extended to part-time employees as well. A part-time worker works less than a full-time week (or less than 35-40 hours in a week).

Calculations For Benefit Amounts For Part-Time Workers

When determining the amount of worker’s comp benefits that an injured part-time employee has available to them, the formula is similar to that of determining the amount for an injured full-time employee. To get the average weekly wage, the last 13 consecutive weeks’ pay preceding the injury are added up and then divided by the overall sum of 13. When an employee has not held the same position during the 13 weeks leading up to the injury, or in a case where the worker’s average pay cannot be determined, the average weekly wage can be calculated by taking a look at similar cased workers average pay.

If there is no comparable employee with the a similar situation around, the average weekly wage can be calculated by using the typical wage for a similar situated employee in the area, this person doesn’t necessarily have to be at the same company as the injured employee. When an injured part-time employee needs a different kind of worker’s comp benefit, there are other calculations that should be made. In the cases that an injured part-time worker needs benefits like impairment income benefits, lifetime income benefits, supplemental income benefits, and death benefits, they take the average weekly wage, calculate it based on the specific benefit, take the amount and adjust it to the weekly wage level of the worker, if the worker was working a full-time work week.

How Long Do I Have to be Employed to Qualify for Workers’ Compensation in Bexar

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