We all are aware of the significance in setting a claimant’s average weekly wage. It has both a current effect and future effect. The average weekly wage results in current exposure when a Law Judge awards temporary disability benefits for causally-related lost time. It also forms the foundation of future exposure when parties litigate permanency or analyze the claim for settlement purposes.
Most often, the calculation of average weekly wage is simple mathematics: gross wages divided by fifty-two (52) weeks. Also common is the employee who did not work for a full calendar year prior to the accident, which entitles him or her to seek the average weekly wage of a similar worker. Seasonal employees present a different scenario for the calculation of average weekly wage, and based on a recent Board Panel Decision, all parties still require some clarity on the issue. Continue reading Calculating Average Weekly Wage for Seasonal Employees in New York
Determining the claimant’s average weekly wage (AWW) is an important part of any workers’ compensation claim, as the claimant’s average weekly wage dictates the rate of their disability benefit for any causally related lost time. The method by which a claimant’s average weekly wage is determined involves application of the provisions of WCL §14.
If the claimant worked for the employer for at least a year prior to being injured, the wages earned during that period will often simply be divided by 52 weeks in order to determine the AWW. Alternatively, if the claimant normally worked five days per week, but didn’t work for a substantial portion of the year, the average daily wage can be multiplied by 260 to determine the claimant’s annual wage, which is then divided by 52 (or, for a six or seven day per week worker, the average daily wage is multiplied by 300, then divided by 52). In cases where the claimant did not work substantially all of the prior year, e.g. workers who are injured shortly after being hired, the payroll of a similar worker may be used in order to determine the AWW.
Continue reading When Is A “200 Multiple” Applied When Determining AWW in New York Workers’ Compensation Claims?