Workers’ Compensation Weekly Benefit Rates Set for October 1, 2018 Through September 30, 2019

The Division of Workers’ Compensation has announced that the workers’ compensation state average weekly wage for dates of injury from October 1, 2018, through September 30, 2019, is set at $937.70. The maximum weekly benefit rates for workers’ compensation income benefits is set at $938.00 and the minimum weekly benefit rate is set at $141.00 for that period.

This is a $25.00 per week increase in the maximum benefit rate from the previous year. The maximum and minimum weekly benefit rates for dates of injury from October 1, 2017, through September 30, 2018, were $913.00 and $137.00 respectively.

Since the 1989 reforms, the maximum and minimum weekly benefit rates have more than doubled. In 1991, the first year of the new law after the reforms were implemented, the maximum weekly benefit rate was $428.00 and the minimum rate was $64.00. The 2018-19 maximums and minimums are more than 200% higher than the rates when the new law became effective.

The significant increase in benefits reflected in the Division’s announcement are the product of a robust Texas economy in which employers are required to pay more to secure in-demand employees. This is demonstrated by the fact that the increase is based on the average weekly wage of covered employment computed by the state. As Texas Labor Code §408.047, requires, the workers’ compensation state average weekly wage is equal to 88 percent of the average weekly wage in covered employment as computed each year by the Texas Workforce Commission under TLC §207.002(c).

A table showing maximum and minimum weekly benefit amounts for injuries that occurred on or after January 1, 1991, is available on the Texas Department of Insurance website at www.tdi.texas.gov/wc/employee/maxminbens.html.