An employee is entitled to receive 66.67% of their average weekly wage if the injury is compensable and if the amount is within the maximum and minimum amounts established by law. To determine this amount, the employer must submit a Wage Statement (Form C-41, to their insurance carrier or third party administrator. This wage statement will list an injured employee’s gross earnings for the fifty-two (52) weeks prior to the date of injury and should reflect all earnings including overtime. The weekly disability benefit rate may not be higher or lower than maximum and minimum rates in effect on the date the employee was injured.
To determine the benefit, gross earnings are totaled and divided by 52 (the number of weeks in a year). The result is the employee's average weekly wage. The average weekly wage is multiplied by .6667 to determine the employee's weekly compensation rate.
A. By counting the number of weeks the injured employee has been employed by the employer and calculating gross earnings for those weeks. The gross earnings are divided by the number of weeks employed;
B. By calculating the average weekly wage earned by a person employed with the same employer performing the same job as the injured employee during the 52 weeks prior to the injury.