Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 408. WORKERS' COMPENSATION BENEFITS
Texas Codes

Tex. Lab. Code § 408.061 (2026)

Maximum Weekly Benefit

✓ current as of May 2026
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Sec. 408.061. MAXIMUM WEEKLY BENEFIT. (a) A weekly temporary income benefit may not exceed 100 percent of the state average weekly wage under Section 408.047 rounded to the nearest whole dollar.

(b) A weekly impairment income benefit may not exceed 70 percent of the state average weekly wage rounded to the nearest whole dollar.

(c) A weekly supplemental income benefit may not exceed 70 percent of the state average weekly wage rounded to the nearest whole dollar.

(d) A weekly death benefit may not exceed 100 percent of the state average weekly wage rounded to the nearest whole dollar.

(e) A weekly lifetime income benefit may not exceed 100 percent of the state average weekly wage rounded to the nearest whole dollar.

(f) The division shall compute the maximum weekly income benefits for each state fiscal year not later than October 1 of each year.

(g) The maximum weekly income benefit in effect on the date of injury is applicable for the entire time that the benefit is payable.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.101, eff. September 1, 2005.

Notes of Decisions
Cited in 2 cases, 2012–2012 · leading case: the City of San Antonio v. James Diehl, 387 S.W.3d 777 (Tex. App. 2012).
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the City of San Antonio v. James Diehl, 387 S.W.3d 777 (Tex. App. 2012). “073 up to the date he returned to work full duty (January 4, 2008) subject to Texas Labor Code Ann. § 408.061(a) and (g).”
the City of San Antonio v. James Diehl (Tex. App. 2012). “073 up to the date he returned to work full duty (January 4, 2008) subject to TEXAS LABOR CODE ANN. § 408.061(a) and (g).”
— Tex. Lab. Code § 408.061(a) — 2 cases
the City of San Antonio v. James Diehl, 387 S.W.3d 777 (Tex. App. 2012). “073 up to the date he returned to work full duty (January 4, 2008) subject to Texas Labor Code Ann. § 408.061(a) and (g).”
the City of San Antonio v. James Diehl (Tex. App. 2012). “073 up to the date he returned to work full duty (January 4, 2008) subject to TEXAS LABOR CODE ANN. § 408.061(a) and (g).”
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