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Average Weekly Wage

Franks, Koenig, & Neuwelt

Average Weekly Wage

When dealing with workers’ compensation cases, the Average Weekly Wage (AWW) is used to calculate the amount of monetary benefits being paid to an injured worker.

An injured worker’s AWW is calculated by taking the average of an injured worker’s gross wages from the 13 weeks prior to the week of the accident. In calculating an injured worker’s AWW, the law does not consider whether those 13 weeks included the worker’ best 13 weeks or worst 13 weeks. The injured worker may have taken double shift and been paid overtime or business may have been slow and they were cut, sent home early or not put on the schedule. Regardless of the reason why an injured works hours in the 13 weeks were high or low, the law only looks at what wages were actually paid during this period to set the AWW.

If an injured worker did not work at least 75% of the 13 weeks prior to the accident, the law requires the employer to calculate the injured worker’s AWW based on the wages of a similar employee. If there is no similar employee, the law provides for the use of a contract of hire rate to calculate the AWW. If neither of the above exists, then the law allows for n AWW calculation based on actual wages earned divided by the days or weeks worked.

An injured worker’s AWW can be increased by including fringe benefits but only when the employer stops making payment for those benefits. For example, if an injured worker’s employer contributes to the employee’s health insurance after the accident, those monies are not included in the AWW because they are still being provided. However, if the employer stops paying their portion of health insurance, that benefit is added to the AWW. Fringe benefits which may be added to the AWW, include, but are not limited to: health, vision, dental, housing, food and other services. Life insurance is not included.

Concurrent wages can also be included to increase an injured worker’s AWW. Concurrent employment is employment other than where the injury took place. If an injured worker had more than one job, and cannot work at the other job due to the workplace injury, then the lost wages from both jobs are included in the AWW. If there is no loss of wages from the “other” job, then the AWW will only include the wages from the job where the injury took place. There are other legal limitations placed on what wages can be included as concurrent employment.

If you were hurt at work, call one of our dedicated and experienced workers’ compensation attorneys to determine how to increase your AWW and maximize the lost wages to which you are entitled under the law. Call (561) 600-4024 or contact us online to speak with one of the dedicated workers’ compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt today.

Hurt at Work? We Can Help!
Call an attorney at the Law Offices of Franks, Koenig & Neuwelt for a free and confidential consultation today.
(561) 600-4024

Contact us today for a free consultation so we can discuss your situtaion.  It is not only important to talk to an experienced workers’ compensation lawyer when you have been hurt on the job, it is also the best way to make sure that you receive proper medical services and lost wages you are entitled to under the law. After all, the Workers’ Compensation law was created to protect you – the employee.

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Devin Major
Devin Major
August 9, 2022.
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Best team I had ever working for me I really hope anybody who needs legal advise call them
Gregory Diggs
Gregory Diggs
August 4, 2022.
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I recommend this law firm to anyone with a worker's compensation case. The staff does a great job and they treat you like family. Judd Koenig was my attorney and went the extra mile and then some more securing my a nice settlement of my case.
Cynthia Murray
Cynthia Murray
August 3, 2022.
Verified
Great Attorney thank you Eric Lakind and staff Attentive, friendly, answered ever questions got results when I could not do it myself Cynthia
Naisha Dorvilus
Naisha Dorvilus
August 2, 2022.
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Lisa was my lawyer she asked me questions and was very helpful. She and her team communicated with me about my cause and I'm super happy with her service.i will definitely recommend her and her company
Jaime Ieli
Jaime Ieli
July 29, 2022.
Verified
My husband was hurt and never dealt with an attorney before. He looked up attorneys online & thru the grace of God got Lissa Dorsey as his attorney & she was truly amazing! She was very involved, always returned our phone calls & made the whole process as easy for us as she possibly could while my husband treated with Dr's and started his healing process. I would recommend her to any & everyone without a doubt.
Evelin Hernandez
Evelin Hernandez
July 21, 2022.
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Best law firm in Palm Beach County, Lisa and Kim were the best. I recommend this law firm to everyone.
Tammy Dault
Tammy Dault
July 20, 2022.
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Wasn't sure how it would work with me being in one town and lawyer in another but it all worked out in the end thank you for all your hard work.
Brandon moore
Brandon moore
July 19, 2022.
Verified
Great understanding lawyers! They were great in getting me a fair settlement and quick to respond to any questions I had. Thanks Kim and Lisa!
john heller
john heller
July 12, 2022.
Verified
They were always responsive to my calls did an excellent job of getting everything I needed. When it came time To settle my case Andy and J did an excellent job I’m very happy with the outcome and very happy with this law firm I would highly recommend them!!!!

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Experience

A combined 100 years of experience in work-related injuries 

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We make sure you are not taken advantage of, even when powerful insurance companies who are notorious for trying to deny your care.

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Every person on our team has a passion for helping people and fighting for their rights.