Georgia Workers’ Compensation – Average Weekly Wage

Posted by Hunter Delashmit | Jun 10, 2023 | 0 Comments

Your Average Weekly Wage (“AWW”) is the basis upon which your week-to-week workers' compensation (indemnity) benefits will be calculated should you be unable to work or earn less than your AWW as a result of a work-related injury. The AWW is comprised of any monetary payment or noncash benefits received by the employee in consideration of labor or services performed that constitutes a net economic gain to the employee. Atlanta Journal & Constitution v. Sims, 200 Ga. App. 236 (1991). Pursuant to O.C.G.A. § 34-9-260, there are three methods utilized to calculate an injured workers' AWW. Each method is briefly described below:

13 Weeks of Employee Earnings

The preferred method of computing an employee's AWW applies where the injured worker has worked “substantially the whole” of thirteen weeks immediately preceding the date of the injury. You take an average of any monetary payment or noncash benefit received by the employee over the thirteen weeks immediately preceding the date of injury to figure out your AWW under this method.

13 Weeks of Similar Employee Earnings

If the injured employee did not work substantially the whole of thirteen weeks immediately preceding the date of injury, then the AWW is calculated by utilizing the monetary payments or noncash benefits of an employee who performs a similar type of job for the same employer. You simply perform the same calculus in the prior method but use the similar employee's earnings.

Full-Time Weekly Wage

If the employer does not have a similar employee in the same employment or if neither of the two foregoing methods can be reasonably and fairly applied, then the AWW is calculated by taking the wage per hour multiplied by the number of hours that constitutes the “full-time” work week based upon the contract for employment.

About the Author

Hunter Delashmit

Hunter Delashmit is a seasoned trial attorney who lives in Cartersville, Georgia with his wife and their pit-husky mix, Dobby. After graduating from The University of Tennessee College of Law, Hunter has gained extensive experience through litigating cases in administrative, state, and federal co...

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