Average Weekly Wage and Virginia Workers’ Compensation Claims
In Virginia, the calculation method for your Average Weekly Wage is determined by looking at your gross earnings in the 52 weeks preceding your injury date. This includes regular pay, overtime, bonuses, allowances, commissions, and other forms of compensation directly related to employment. Once the accumulated total of all gross earnings for 52 weeks is calculated, the total earnings figure is then divided by 52 weeks. This calculation results in your Average Weekly Wage, providing a standard and fair representation of your typical weekly earnings.
The Commission relies upon your employer’s documentation of your earnings. Employers are expected by law to submit a wage statement to the Virginia Workers’ Compensation Commission that details your earnings for the 52 weeks preceding your workplace injury or illness.
However, there are circumstances where an injured worker has not worked the entirety of the 52-week period prior to the accident. For instance, if you have worked fewer than 52 weeks before getting injured at work, your Average Weekly Wage will generally be calculated by taking your total earnings during the period of employment and dividing by the number of weeks actually worked. This approach ensures the calculation accurately reflects your true earnings potential at the time of your injury and does not unjustly penalize recent hires and part-time workers.
Special Circumstances for Calculating Average Weekly Wage
If your job was seasonal or your hours were irregular, the Commission typically takes a flexible and fair approach under Virginia Code Section 65.2-101. They may look closely at comparable workers in similar roles working full-time schedules to approximate what your true earning potential would have been without your injury. Additionally, when injuries occur to employees who have multiple employers simultaneously, there may be unique calculations. Therefore, consulting an experienced workers comp lawyer could be beneficial for those individuals who find themselves in atypical employment situations or disputing calculations made by employers or insurance carriers.
Virginia address cases in which a worker is paid by the day or hour. Virginia Code 65.2-101 specifies that if an employee’s wages tend to vary significantly week-to-week because of their payment structure, the Commission can look at a selected subset of weeks to find an appropriate average weekly amount. Furthermore, if a worker earns wages from multiple jobs, all appropriate earnings may be considered when determining the appropriate Average Weekly Wage, thereby ensuring that injured workers in Virginia are fairly compensated after their accidents.
Need Help?
When dealing with an injury, physical recovery is not your only concern; financial stress caused by lost wages and medical costs can weigh heavily upon you and your family. Since your Average Weekly Wage plays a pivotal role in determining the benefits available through workers’ comp, it is essential that this calculation is accurate and fully representative of your rightful earnings.
If you need help ensuring you are paid what you deserve under Virginia law, give us a call. We can conduct a free consultation and assist you with pursing workers compensation benefits.