After a workplace injury, determining your average weekly wage (AWW) becomes crucial for securing fair workers' compensation benefits. Lehmbecker Law's Seattle workers' compensation attorneys help injured workers who receive less than they deserve due to incorrect wage calculations. We've written the article below to explain how to calculate your average weekly wage for workers' compensation because that can make a significant difference in your benefits.
Your average weekly wage, commonly known as AWW, represents how much you earned before taxes during the year before your injury, whether you're a regular employee or an independent contractor. This calculation helps determine the fair amount of wage replacement benefits you should receive when you’re disabled and unable to work.
Your AWW serves as the starting point for calculating several types of disability benefits:
Each type of benefit is calculated using specific formulas established by Washington State Law, with rates that consider your marital status and number of dependents.
In Washington State, under RCW 51.32.060 and related statutes, the time-loss compensation rate (temporary total disability) is generally calculated as follows:
There are also minimum and maximum benefit levels that are adjusted annually based on the state's average monthly wage.
The average weekly wage calculation includes more than just your regular hourly wage or salary. When calculating wages for workers' compensation, you need to consider multiple income sources. Your total earnings typically include your regular wages, overtime pay, performance bonuses, and commission income. Tips must be reported to count toward your AWW. Some employers also provide allowances for housing or vehicle use, which can factor into your calculation.
However, not everything counts toward your AWW. Health insurance benefits, retirement contributions, and expense reimbursements are typically excluded. Paid time off and vacation pay usually don't factor into the calculation either.
The basic principle for calculating your average weekly wage is simple: take your gross earnings (pre-tax) for the year before your injury and divide them by 52 weeks. However, real-world situations often complicate this process.
For a full-time employee who has worked one job consistently for more than a year, the calculation starts with total earnings from the previous 52 weeks. Simply add up your gross earnings and divide by 52 to determine your AWW. This provides the most straightforward path to your compensation rate.
If you worked less than a year before your injury, the calculation changes. The insurance company might divide your total earnings by the number of weeks worked. Sometimes, they'll look at wages earned by a similar employee who has worked the full year to establish a fair rate.
Many injured workers hold more than one job, which can significantly affect their benefits. In cases of concurrent employment where job duties are similar, earnings from both positions might count toward your AWW. However, if your second job involves different duties, those wages may not be included. This distinction often requires careful analysis by a workers' compensation lawyer.
If you work in a seasonal job like construction or landscaping, where you can only work part of the year due to weather, your AWW is calculated differently. Instead of understating your earnings by spreading them across 52 weeks, a "200-day multiplier" is used.
For example, if you're a roofer who earned $36,000 in 150 working days, we first find your daily rate ($36,000 ÷ 150 = $240), multiply it by 200 ($48,000), then divide by 52 weeks for an AWW of $923.08.
Insurance companies often make mistakes when determining an injured worker's AWW. These errors can significantly reduce your benefits over time. Watch out for:
While you can attempt to calculate your own AWW, the process involves many variables that can affect your benefits. Don’t let others take advantage of you. A skilled workers' compensation attorney can ensure your AWW is calculated correctly and help you gather all necessary documentation, including pay stubs, tax returns, time sheets, and employment contracts.
To properly calculate your average weekly wage for workers' compensation, start by gathering all relevant wage documentation. This includes pay stubs, tax records, and documentation of other compensation. Consider your employment situation, including any second jobs or variable income patterns. Don’t forget to include overtime, bonuses, and other additional earnings that count toward your AWW.
However, given the complexity of workers' compensation laws and the significant impact on your benefits, seeking professional guidance will prove worthwhile. Connect with Lehmbecker Law today — our Seattle workers' compensation lawyers offer free initial consultations to review your case and ensure you receive the maximum benefits allowed.
The workers' compensation process can be overwhelming. Let our attorneys handle the complexities, so you can focus on your recovery.