Your Average Weekly Wage (AWW) is one of the most important factors in your New York Workers' Compensation case. The AWW determines how much you are paid if you miss work due to a work-related injury. The higher your AWW, the higher you will be paid. At MCV Law, one of the first things we review in any claim is whether the AWW has been calculated accurately. Many times, it is set without a hearing or without further investigation.
How is the Average Weekly Wage Calculated?
The AWW reflects your average earnings for the one year period to your injury. Generally, it is calculated by taking your total earnings for the 52 weeks before the injury, then dividing that by the number of days worked to calculate the average daily wage. That daily wage is then multiplied based on the number of days you typically worked per week, as outlined in Section 14 of the New York Workers' Compensation Law.
- For employees who typically work 5 days a week, a 260 multiplier is used.
- For those who work 6 days a week, a 300 multiplier applies.
- For seasonal workers, the multiplier is typically 200.
At MCV Law, our team explores all potential arguments and evidence to support the highest AWW calculation, ensuring you receive the maximum benefit.
Concurrent Employment: Factoring in Multiple Jobs
If you held a second job at the time of your injury, your wages from that job should be included in your AWW calculation. This is called concurrent employment. For concurrent wages to count, your second employer must have Workers' Compensation coverage.
Including concurrent employment can significantly increase your AWW and your weekly benefits. Our attorneys are skilled at ensuring that these additional earnings are properly accounted for in your claim.
Minor's Wage Expectancy for Workers Under 25
Section 14 of the law also accounts for injured workers who are under the age of 25 at the time of their accident. A Minor's Wage Expectancy adjustment projects what you would likely earn by age 25, factoring in your performance, promotions, and industry standards.
This calculation is performed at the time of permanency and can significantly raise the compensation rate for younger injured workers.
Maximum and Minimum Compensation Rates
New York law sets maximum and minimum weekly Workers' Compensation rates, which are updated annually. These rates determine the highest and lowest amounts an injured worker can receive per week, regardless of their AWW.
As of July 1, 2025:
- The maximum weekly compensation rate is $1,222.42.
- The minimum weekly compensation rate, effective January 1, 2025, is $325.00.
This is a significant improvement for injured workers, as the minimum rate had been just $150.00 per week for over a decade before a recent increase.
Why Proper AWW Calculation Matters
An accurate AWW ensures you get every dollar you are entitled to for your injury. Errors in calculation can leave significant money on the table. At MCV Law, we understand the nuances of New York's Workers' Compensation system and will work to maximize your benefits.
If you have questions about your AWW or feel your benefits are too low, contact a Workers’ Compensation attorney at MCV Law for a free consultation. We can help you verify that your AWW has been calculated correctly and fight for the compensation you deserve.
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