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

Tex. Lab. Code § 408.103 (2026)

Amount Of Temporary Income Benefits

✓ current as of May 2026
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Sec. 408.103. AMOUNT OF TEMPORARY INCOME BENEFITS. (a) Subject to Sections 408.061 and 408.062, the amount of a temporary income benefit is equal to:

(1) 70 percent of the amount computed by subtracting the employee's weekly earnings after the injury from the employee's average weekly wage; or

(2) for the first 26 weeks, 75 percent of the amount computed by subtracting the employee's weekly earnings after the injury from the employee's average weekly wage if the employee earns less than $10 an hour.

(b) A temporary income benefit under Subsection (a)(2) may not exceed the employee's actual earnings for the previous year. It is presumed that the employee's actual earnings for the previous year are equal to:

(1) the sum of the employee's wages as reported in the most recent four quarterly wage reports to the Texas Workforce Commission divided by 52;

(2) the employee's wages in the single quarter of the most recent four quarters in which the employee's earnings were highest, divided by 13, if the commissioner finds that the employee's most recent four quarters' earnings reported in the Texas Workforce Commission wage reports are not representative of the employee's usual earnings; or

(3) the amount the commissioner determines from other credible evidence to be the actual earnings for the previous year if the Texas Workforce Commission does not have a wage report reflecting at least one quarter's earnings because the employee worked outside the state during the previous year.

(c) A presumption under Subsection (b) may be rebutted by other credible evidence of the employee's actual earnings.

(d) The Texas Employment Commission shall provide information required under this section in the manner most efficient for transferring the information.

(e) For purposes of Subsection (a), if an employee is offered a bona fide position of employment that the employee is reasonably capable of performing, given the physical condition of the employee and the geographic accessibility of the position to the employee, the employee's weekly earnings after the injury are equal to the weekly wage for the position offered to the employee.

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

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.110, eff. September 1, 2005.

Acts 2015, 84th Leg., R.S., Ch. 54 (S.B. 901), Sec. 1, eff. September 1, 2015.

Notes of Decisions
Cited in 13 cases, 1995–2018 · leading case: Texas Workers' Comp. Comm'n v. Garcia, 893 S.W.2d 504 (Tex. 1995).
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Texas Workers' Comp. Comm'n v. Garcia, 893 S.W.2d 504 (Tex. 1995). · cites it 2× “Tex.Lab.Code § 408.103(a)(1). Although workers earning less than $8.”
Travelers Indem. Co. of Connecticut v. Mayfield, 923 S.W.2d 590 (Tex. 1996). “See TEX. LAB.CODE § 408.103. Travelers was apparently still paying these weekly benefits at the time of the trial court proceedings which form the basis of this complaint.”
In re Accident Fund Gen. Ins. Co., 543 S.W.3d 750 (Tex. 2017). “" TEX. LAB. CODE § 408.103(e) ; see id. §§ 402.”
Tarrant Cnty. v. Van Sickle, 98 S.W.3d 358 (Tex. App. 2003). “Tex. Lab.Code Ann. § 408.103(a) (Vernon 1996) ("Subject to Sections 408.”
Castellow v. Swiftex Mfg. Corp., 33 S.W.3d 890 (Tex. App. 2001). “Tex.Lab.Code Ann. § 408.103(a)(2) (West 1996).”
Beneficial Pers. Servs. of Texas, Inc. v. Porras, 927 S.W.2d 177 (Tex. App. 1996). “Tex.LaboR Code Ann. § 408.103 (Vernon Pamph.”
the City of San Antonio v. James Diehl, 387 S.W.3d 777 (Tex. App. 2012). “TEX.LAB. CODE ANN. § 408.103 (West 2006).”
Charles Holt, Mike Dixon, Tim Nations, & Leonel Acevedo v. Texas Dep't of Ins.-Div. of Workers' Comp. Comm'r Ryan Brannan, in His Off. Capacity as DWC Comm'r The State of Texas Through the Honorable Ken Paxton, in His Off. Capacity as Attorney Gen. of Texas & the City of Austin (Tex. App. 2018). “Tex. Lab. Code § 408.103(a). 3 Impairment income benefits equal 70 percent of the claimant’s average weekly wage, subject to a floor of 15 percent of the state average weekly wage and certain caps.”
Helen F. Castellow v. Swiftex Mfg. Corp., Individually & D/B/A Swiftex, Inc. (Tex. App. 2000). · cites it 2× “Tex. Lab. Code Ann. § 408.103 (a)(2) (West 1996).”
Tarrant Cnty. v. Steven Van Sickle (Tex. App. 2003). “Tex. Lab. Code Ann. § 408.103 (a) (Vernon 1996) ("Subject to Sections 408.”
the City of San Antonio v. James Diehl (Tex. App. 2012). “TEX.LAB.CODE ANN. § 408.103 (West 2006). Here, the City retains a third-party administrator to process and pay the City’s workers’ compensation claims.”
John Bryan Langdon v. Leslie Mathison Gilbert (Tex. App. 2015). “See TEX. LAB.CODE § 408.103. Travelers was apparently still paying these weekly benefits at the time James Lee Williams, Jr.”
Show all 13 citing cases →
Tex. Lab. Code § 408.103(a): 2 cases
Tarrant Cnty. v. Van Sickle, 98 S.W.3d 358 (Tex. App. 2003). “Tex. Lab.Code Ann. § 408.103(a) (Vernon 1996) ("Subject to Sections 408.”
Charles Holt, Mike Dixon, Tim Nations, & Leonel Acevedo v. Texas Dep't of Ins.-Div. of Workers' Comp. Comm'r Ryan Brannan, in His Off. Capacity as DWC Comm'r The State of Texas Through the Honorable Ken Paxton, in His Off. Capacity as Attorney Gen. of Texas & the City of Austin (Tex. App. 2018). “Tex. Lab. Code § 408.103(a). 3 Impairment income benefits equal 70 percent of the claimant’s average weekly wage, subject to a floor of 15 percent of the state average weekly wage and certain caps.”
Tex. Lab. Code § 408.103(a)(1): 2 cases
Texas Workers' Comp. Comm'n v. Garcia, 893 S.W.2d 504 (Tex. 1995). “Tex.Lab.Code § 408.103(a)(1). Although workers earning less than $8.”
Am. Zurich Ins. Co. v. Daniel Samudio (Tex. App. 2015).
Tex. Lab. Code § 408.103(a)(2): 1 case
Castellow v. Swiftex Mfg. Corp., 33 S.W.3d 890 (Tex. App. 2001). “Tex.Lab.Code Ann. § 408.103(a)(2) (West 1996).”
Tex. Lab. Code § 408.103(e): 1 case
In re Accident Fund Gen. Ins. Co., 543 S.W.3d 750 (Tex. 2017). “" TEX. LAB. CODE § 408.103(e) ; see id. §§ 402.”
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