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

Part-time workers often wonder if they can receive worker’s compensation insurance benefits, due to the fact that part-time workers only receive a part-time wage, as well as, full-time employees receiving certain benefits not available to part-time employees.

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

In the state of Texas, an employer who opts to give benefits to a full-time worker, will also give benefits to a part-time employee. 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

For injured part-time employees, calculating how much worker’s compensation benefits add up to, the same formula is similar to calculating benefits for an injured full-time worker. In order to get the average weekly wage, the last 13 consecutive weeks’ of pay before the injured occurred is added up, and then divided by 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.

In extraneous situations, where there are no employees with a similar situation inside the injured worker’s workplace, the average weekly wage can be determined by an outside employee in a similar situation, due to the fact that this employee doesn’t have to be from the same company. When an injured part-time employee needs a different kind of worker’s comp benefit, there are other calculations that should be made. To determine the different benefits stages such as impairment income benefits, supplemental income benefits, lifetime income benefits, and death benefits, the average weekly wage is calculated based off of their method, and then that amount is adjusted to the weekly wage level the worker would have attained by working a full-time work week at the same rate of pay.

How Long Do I Have To Be Employed to Qualify for Workers’ Compensation in San Antonio

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