Did Atlanta Happen to You? Click Here for a Free Case Evaluation
When you are hurt on the job in Georgia, the dollar amount of your weekly workers’ compensation check does not come out of thin air. It is built on a specific number called the average weekly wage, or AWW. This figure represents what you typically earned before your injury, and nearly every income benefit you receive is calculated from it.
Because so much rides on this one number, getting it right matters enormously. An AWW that is calculated too low means smaller weekly checks for the entire life of your claim, while an accurate AWW protects the full value of the benefits you are owed under the Georgia Workers’ Compensation Act.
Insurers do not always calculate the average weekly wage correctly, and the rules can be more complicated than they first appear. Understanding how AWW works helps you spot mistakes early. A Georgia workers’ compensation lawyer can review your wage records to confirm the figure used in your claim is accurate.
Under O.C.G.A. § 34-9-260, the primary method for calculating average weekly wage looks at the 13 weeks you worked immediately before the injury. The insurer adds up your gross earnings during that period and divides by 13 to arrive at your weekly average. Gross earnings generally include overtime, bonuses, and certain other forms of pay, not just your base hourly or salary amount.
If you did not work substantially the whole of those 13 weeks—for example, because you were recently hired—the law provides a backup method. In that case, the wages of a similar employee in the same type of work can be used to estimate what you would have earned. A third method allows for a full and fair calculation when neither of the first two can be applied reasonably.
Because the method chosen can significantly change your weekly benefit, it is worth confirming which approach the insurer used and whether all of your earnings were counted.
Many injured workers are surprised to learn that AWW is not limited to base pay. Overtime, shift differentials, bonuses, and even the value of certain fringe benefits may be included when calculating your gross earnings for the 13-week period. Tips and commissions can also factor in when they are part of your regular compensation.
Leaving any of these out can quietly reduce your weekly check. If you regularly worked overtime or earned bonuses in the months before your injury, those amounts should be reflected in your average weekly wage. Reviewing your pay stubs against the insurer’s calculation is one of the most effective ways to catch an underpayment.
Average weekly wage is the foundation for almost every income benefit in a Georgia workers’ compensation claim. Your temporary total disability benefits are paid at two-thirds of your AWW, up to a maximum set by state law. Temporary partial and permanent partial disability benefits are also tied directly to this number.
Because these benefits can continue for months or even years, a small error in the AWW can add up to thousands of dollars over the life of a claim. That is why establishing the correct figure early is one of the most important steps in protecting your recovery.
If you believe your weekly check is too low, an Atlanta workers’ compensation lawyer can examine your wage history and challenge an incorrect calculation before it costs you money you are entitled to.
Workers with irregular schedules, seasonal jobs, or fluctuating hours often have a more complicated AWW analysis. The law is designed to arrive at a figure that fairly reflects your real earning pattern, which sometimes requires looking beyond a simple 13-week average.
Income from concurrent employment can also be relevant in certain situations. If you held more than one job at the time of your injury, it is worth asking whether those additional earnings should be considered. Because these scenarios are fact-specific, careful documentation of all your income sources is essential.
The primary method uses the 13 weeks you worked immediately before your injury. Your gross earnings during that period are added together and divided by 13. If you did not work the full 13 weeks, the law allows alternative methods to reach a fair figure.
Yes. Overtime, bonuses, shift differentials, and similar earnings are generally included in the gross wages used to calculate AWW. Leaving them out can reduce your weekly check, so it is worth comparing the insurer’s figure against your pay stubs.
An incorrect AWW can usually be challenged and corrected, sometimes resulting in higher weekly benefits and back payments. Because the error affects every check, it is best to address it as early as possible with help from a workers’ compensation attorney.
In some situations, earnings from concurrent employment may be relevant to your average weekly wage. These cases are fact-specific, so documenting all of your income sources at the time of injury is important.
See how our attorneys fight for personal injury victims.
Our personal injury attorneys have spent 20+ years fighting for accident victims across Georgia. Your consultation is free, and you pay nothing unless we win.