Calculate Average Weekly Wage under Workers' Compensation Law §14. Choose the applicable statutory method based on the claimant's work history.
Average Weekly Wage (AWW) is the foundation of all New York workers' compensation benefits. Under Workers' Compensation Law §14, AWW determines the compensation rate — two-thirds (2/3) of AWW, capped at the statutory maximum set annually by DFS.
§14(1) — 52-Week Divisor: For workers employed substantially the whole year, total gross earnings in the 52 weeks preceding the accident are divided by 52. This is the default method for full-time, full-year workers.
§14(2) — Day-Based Multiplier: When the claimant did NOT work substantially the whole year, average annual earnings are computed by multiplying the average daily wage by a statutory multiplier based on the claimant's regular work schedule:
Straight Divisor (Board Discretion): When the statutory multiplier methods do not yield a fair result — for instance, with seasonal workers, irregular schedules, new hires, or part-year employment — the Board may use a straight divisor: Total Earnings ÷ Actual Weeks Worked. This is the most commonly litigated AWW calculation.
Concurrent Employment: Under §14, wages from all concurrent employment at the time of injury are combined. If the claimant held two jobs, both sets of wages are included — even if only one employer's work caused the injury.
Why It Matters: AWW directly controls the comp rate, which flows into every benefit calculation: temporary total, reduced earnings, SLU awards, CCP awards, and fee applications. Getting the AWW right is the single most important number in the case.
Disclaimer: This calculator is provided for informational purposes only and does not constitute legal advice. AWW calculations are based on current New York State Workers' Compensation Law §14 and Department of Financial Services regulations. The accuracy of results depends on the wages entered. Disputes over AWW may require detailed wage documentation and adjudication by the Workers' Compensation Board. Consult a qualified workers' compensation attorney for guidance on your specific case.