When you’re injured on the job and file for workers’ compensation, calculating your Average Weekly Wage becomes critical to your claim’s value. Your New York workers’ comp AWW determines how much you receive in disability benefits, permanent awards, and other compensation following a workplace injury. Getting this calculation right is essential to maximizing your recovery.
What is Average Weekly Wage (AWW)?
Average Weekly Wage (AWW) forms the foundation of all monetary benefits in a workers’ compensation claim. New York calculates your AWW by taking your earnings from the 52 weeks before your injury and converting them into a standardized weekly figure. Your indemnity benefits equal two-thirds of that AWW, making an accurate calculation essential to ensuring you receive correct compensation.
Why AWW Calculation Matters to Your Claim
An accurate AWW calculation directly impacts temporary and permanent disability benefits. Even small errors can cost you thousands of dollars over the course of your claim. Many injured workers discover mistakes months or even years later, long after correction becomes difficult. Reviewing your AWW early is important.
Need help reviewing your AWW calculation? Contact Fusco, Brandenstein & Rada, P.C. at 516-496-0400 for a free consultation.
The Basic AWW Calculation Formula
New York uses a four-step formula established by the Workers’ Compensation Board.
Step 1: Gather Your Total Earnings
Add up all gross earnings from the 52 weeks immediately before your injury. This includes:
- Base salary and hourly wages
- Bonuses and commissions
- Any other compensation your employer paid you
The Workers’ Compensation Board requires that you include all forms of compensation, not just your regular paycheck. This comprehensive approach ensures your AWW reflects your true earning capacity.
Step 2: Count Your Days Worked
Count the total number of days you actually worked during those 52 weeks. This includes full days and partial days. Exclude vacation days, sick days, and unpaid leave. Your payroll records provide documentation of the days you worked. Accurate day counting is critical to calculating your average daily wage.
Step 3: Calculate Your Average Daily Wage
Divide your total earnings by the number of days worked. This gives you your average daily wage.
Example: If you earned $30,000 in the 52 weeks before your injury and worked 250 days, your average daily wage would be $120 ($30,000 ÷ 250 days).
Step 4: Apply the Multiplier and Divide by 52
Multiply your average daily wage by the appropriate multiplier (260, 300, or 200 depending on your work schedule). Then divide the result by 52 to get your AWW.
Using the example above: $120 × 260 = $31,200, then $31,200 ÷ 52 weeks = $600 average weekly wage.
Understanding Day Multipliers in NY
Your typical work pattern during the 52 weeks before your injury determines which multiplier applies.
- 260 Multiplier: Used when you regularly work five days a week or when you worked between 234 and 260 days during the year before the injury. This represents the typical Monday–Friday schedule.
Important note: If you worked more than 260 days, specifically 261 to 299 days, New York does not allow the 260 or 300 multiplier. Instead, your AWW is calculated by dividing your total earnings by 52 weeks.
- 300 Multiplier: Used when you regularly worked six days a week. By statute, this is set to represent 300 workdays per year.
- 200 Multiplier: Used when your work is seasonal, intermittent, or otherwise not year-round. New York generally requires that you worked at least 200 days in the prior year for the seasonal method to apply.
Your typical work pattern during the 52 weeks before your injury determines which multiplier applies. Payroll records and your work history establish this pattern, and the insurance carrier must justify any multiplier that doesn’t match your actual schedule. You can request Workers’ Compensation Board records if the employer disputes it. An experienced New York workers’ compensation attorney can help challenge incorrect selections.
Special Circumstances Affecting AWW Calculation
Not all workers fit the standard formula. New York law recognizes exceptions.
Concurrent Employment
If you worked multiple jobs before your injury, wages from your second job are included in your AWW calculation. This applies only if that employer carried workers’ compensation insurance. You must provide documentation showing that the secondary employer had coverage. This can significantly increase your AWW and your resulting benefits.
Example: If you earned $25,000 from your primary job and $8,000 from a second job with a covered employer, your total earnings would be $33,000. Both amounts factor into your AWW calculation. However, if your secondary employer did not carry workers’ compensation insurance, those wages cannot be included in your calculation.
Minors and Wage Expectancy
Workers under 25 years old receive special consideration under Section 14 of the Workers’ Compensation Law. Rather than using only your actual earnings, the calculation may include a wage expectancy adjustment. This accounts for your projected wage growth.
This ensures that young workers receive compensation that reflects their earning potential, not just their entry-level wages. The wage expectancy calculation considers what a worker in your position would reasonably earn as they gain experience and advance in their career.
Important Note: The wage expectancy adjustment applies specifically when determining permanent disability awards. It does not apply to temporary disability benefits or initial AWW calculations. This adjustment applies at the time of permanency determination to ensure fair compensation for long-term earning capacity.
Seasonal Workers
If you worked seasonally, your calculation uses the 200 multiplier rather than 260 or 300. This accounts for the fact that you did not work year-round. Your total earnings are still divided by the actual days worked. The lower multiplier reflects your irregular employment pattern. Occupational disease claims sometimes involve seasonal workers with complex AWW calculations.
Maximum and Minimum Weekly Benefit Rates
New York law sets maximum and minimum weekly benefit rates that cap or floor your AWW calculation. These rates change annually and are adjusted based on the statewide average weekly wage. Understanding these caps and floors is essential to knowing your maximum potential workers’ compensation benefits.
As of 2025:
- Maximum weekly benefit rate: $1,222.42 (effective July 2025 through June 2026)
- Minimum weekly benefit rate: $325.00 (effective January 2025)
If your calculated AWW would result in benefits exceeding the maximum, your benefits are capped at that rate. If your calculated AWW would result in benefits below the minimum, your benefits are raised to the minimum rate. This ensures that even workers with lower pre-injury earnings receive baseline compensation.
These rates are adjusted annually, typically in July for maximum rates and January for minimum rates. If your claim spans multiple rate adjustment periods, your benefits may change accordingly. Monitor these adjustments to ensure your benefits reflect the current rates. The New York Workers’ Compensation Board website publishes updated rates each year.
Common Mistakes in AWW Calculation
Several common errors can result in an incorrect AWW calculation that reduces your benefits. Identifying these mistakes helps you catch errors before they cost you money. Insurance carriers sometimes make these errors intentionally to reduce their benefit obligations:
- Excluding Bonuses or Overtime: All forms of compensation must be included.
- Miscounting Days Worked: Incorrect day counts distort the average daily wage.
- Using the Wrong Multiplier: Applying 260 instead of 300 (or vice versa) produces an inaccurate AWW.
- Failing to Include All Income Sources: Concurrent employment wages and additional compensation must be factored in when eligible.
How to Verify Your AWW Calculation
Request your wage records and compare the carrier’s calculation against the Workers’ Compensation Board formula. If you find discrepancies and the carrier refuses correction, you may need to file a dispute.
An experienced workers’ compensation attorney can help identify errors, gather evidence, and challenge incorrect calculations.
Concerned about your AWW calculation? Contact Fusco, Brandenstein & Rada, P.C. at 516-496-0400.
How AWW Affects Your Workers’ Compensation Benefits
Your AWW determines the amount you receive for various benefit types.
Temporary Total Disability Benefits
If your injury prevents you from working, you receive temporary total disability benefits. These benefits equal two-thirds of your AWW, subject to the maximum and minimum rates. These benefits continue until you return to work, reach maximum medical improvement, or your claim is otherwise resolved.
Example: If your AWW is $600, your weekly temporary total disability benefit would be $400 (two-thirds of $600).
Temporary Partial Disability Benefits
If you return to work at reduced wages while recovering, you receive temporary partial disability benefits. These benefits equal two-thirds of the difference between your pre-injury AWW and your current wages. This benefit helps bridge the gap between your reduced earnings and your pre-injury income while you recover. Understanding this calculation is important if you’re considering light-duty work.
Permanent Partial Disability Awards
If your injury results in permanent disability, you receive a lump-sum award based on your AWW and the degree of your disability. The calculation uses your AWW multiplied by a percentage reflecting your disability level. A higher AWW results in a larger permanent disability award. These awards can represent significant compensation for long-term earning capacity loss.
Schedule Loss of Use Awards
For injuries to specific body parts listed in the Workers’ Compensation Law (such as fingers, hands, arms, legs, feet, eyes, or ears), you receive an award based on your AWW. The schedule establishes a fixed number of weeks of compensation for each type of injury. These awards are predetermined but still depend on your accurate AWW calculation.
Frequently Asked Questions About Average Weekly Wage
Below are the most frequently asked questions about Average Weekly Wage, helping you understand how your earnings are evaluated.
What if I worked multiple jobs before my injury?
Wages from all jobs are included in your AWW calculation. This applies provided that each employer carries workers’ compensation insurance. You must provide documentation showing that each employer had coverage.
If a secondary employer did not carry workers’ compensation insurance, those wages cannot be included. This distinction is important because it can significantly affect your total AWW and your resulting benefits. Contact each employer to verify their workers’ compensation coverage status.
How does AWW change if I was injured during my first year of employment?
If you have not worked for a full year with your employer, New York law allows the use of a “similar worker” comparison method. Under this approach, your AWW is calculated based on what a worker in the same position, with similar experience, would earn in your geographic area.
This ensures that new employees receive fair compensation based on the job they performed, not just their limited earnings history. The insurance carrier must provide evidence supporting the similar worker wage used in this calculation. This method protects workers who haven’t yet established a full year of earnings history.
Can my AWW calculation be challenged or appealed?
Yes. You can challenge your AWW calculation if you believe it contains errors. The appeal process begins with requesting a hearing before a Workers’ Compensation Law Judge. You must provide documentation supporting your claim, such as payroll records, tax returns, and employment records.
The burden is on you to prove that the calculation is incorrect. Our attorney can help you gather evidence and present your case effectively, increasing your chances of a successful appeal. Many successful appeals result in significant retroactive benefit payments.
How often are maximum and minimum rates updated?
Maximum weekly benefit rates are adjusted annually in July based on the statewide average weekly wage. Minimum weekly benefit rates are adjusted annually in January. These adjustments apply to new claims and, in some cases, to ongoing claims.
If your claim spans multiple rate adjustment periods, your benefits may increase or decrease accordingly. Monitor these adjustments to ensure your benefits reflect the current rates.
Need Help With Your AWW Calculation?
If you believe your AWW calculation contains errors, Fusco, Brandenstein & Rada, P.C. can help. Our experienced attorneys understand how AWW affects your benefits and can assist in challenging incorrect calculations. You can read our client testimonials to learn how we approach each case with care and dedication.
Contact us online or call us at 516-496-0400 for a free consultation about your workers’ compensation claim.