BILL ANALYSIS

 

 

Senate Research Center

S.B. 901

84R6255 KKR-F

By: Eltife

 

Business & Commerce

 

3/13/2015

 

As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Temporary income benefits (TIBs) are the first level of income benefits that an injured employee may receive after being injured at work under the workers' compensation system.  TIBs are calculated as a portion of the injured employee's average weekly wage less post-injury earnings. 

 

For the first 26 weeks of TIBs, the amount paid varies depending on the employee's hourly wage.  Currently, if an employee earns less than $8.50 an hour, the TIBs amount is 75 percent of the employee's average weekly wage less post-injury wages.  S.B. 901 raises the benchmark earning rate from $8.50 an hour to $10 an hour.

 

As proposed, S.B. 901 amends current law relating to the amount of temporary income benefits to which an injured employee is entitled under the workers' compensation system.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 408.103(a), Labor Code, as follows:

 

(a) Provides that subject to Sections 408.061 (Maximum Weekly Benefit) and 408.062 (Minimum Weekly Income Benefit), the amount of a temporary income benefit is equal to:

(1) Makes no change to this subdivision; 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, rather than $8.50, an hour.

 

SECTION 2. Makes application of this Act prospective.

 

SECTION 3. Effective date: September 1, 2015.