§910 Determination of pay

Summary

The law says how to figure the worker’s average weekly wage to set how much money they get for a work injury or death. If the worker was in that job for most of the year before the injury, their average yearly pay is 300 times their daily pay if they worked six days a week, or 260 times their daily pay if they worked five days a week. If they did not work in that job for most of the year, the pay is based on what a similar worker in the same or nearby place would have earned, using the same 300 or 260 multiplier. If neither way is fair or possible, the yearly pay is a reasonable estimate based on the worker’s past earnings, similar workers, or the value of self-employment. The average weekly wage is one fifty-second of that yearly amount. There are special rules. For occupational disease claims tied to retirement, if the disease’s injury date is within one year after retirement, use the worker’s 52-week pay before retirement; if more than one year after retirement, use the national average weekly wage (set under section 906(b)). If the injured person was a minor and would likely have earned more later, that can be counted. Each October 1 the permanent total disability or death benefit is raised by the smaller of the national average weekly wage’s percent increase or 5 percent. Weekly pay is rounded to the nearest dollar, no change under $1 is made, and benefits are never cut. Special adjustments were required for cases before October 27, 1972 (to be done within 90 days), with half of added payments from a special fund and half from appropriations. For occupational disease, the "time of injury" is when the worker knew or should have known the job caused the harm.