How is AWW Calculated? Average Weekly Wage (AWW)

Florida Workers’ Compensation - Average Weekly Wage (AWW) Explained

Your average weekly wage (AWW) is one of the most important numbers in a Florida workers’ compensation claim because it provides the basis for calculating many disability benefits. If the AWW is calculated too low, the workers’ compensation benefits based on that figure may also be too low.

Quick Answer: What Is Average Weekly Wage in Florida Workers’ Compensation?

Average weekly wage is the wage figure Florida workers’ compensation uses as the starting point for calculating disability compensation. For many employees, Florida law looks at wages earned during the 13 calendar weeks immediately before the accident, excluding the week in which the accident occurred.

The calculation can become more complicated when an employee recently started the job, worked irregular hours, held concurrent employment, received certain benefits or gratuities, or did not work substantially the whole 13-week period.

How Is Average Weekly Wage Calculated in Florida?

Florida Statute § 440.14 establishes several methods for determining AWW. When an injured employee worked in the relevant employment during substantially the whole 13 weeks immediately preceding the accident, AWW is generally calculated by dividing the wages earned during those 13 weeks by 13. Florida law defines this period as the 13 calendar weeks before the accident, excluding the week in which the accident occurred. Other statutory methods can apply when the employee did not work substantially the whole period or when the standard calculation cannot reasonably and fairly be used.

What Counts as Wages?

AWW does not necessarily mean only an employee's regular hourly rate or base salary. Florida's statutory definition of wages can include qualifying earnings from the job where the employee was injured and certain concurrent employment covered by workers’ compensation. Depending on the circumstances, qualifying gratuities, housing, and employer contributions for health insurance may also affect the wage calculation. Whether a particular payment or benefit belongs in the AWW calculation depends on the statutory requirements and facts of the claim.

What if I Worked Overtime?

An employee's actual earnings during the applicable wage period can be important. Regular overtime may therefore make a significant difference between an AWW based merely on an employee's hourly rate and one based on the wages actually earned during the statutory period. Pay records should be reviewed rather than assuming the employer or insurance carrier calculated AWW correctly.

What if I Had More Than One Job?

Florida's definition of wages can include earnings from qualifying concurrent employment where the employee is also subject to workers’ compensation coverage. For an employee working multiple jobs before an accident, overlooking qualifying concurrent earnings can substantially affect the AWW and benefits calculated from it.

Why Does AWW Matter?

AWW provides the foundation for calculating several workers’ compensation disability benefits. For example, Temporary Total Disability benefits are generally 66 2/3% of AWW, subject to the applicable maximum compensation rate. Temporary Partial Disability uses AWW as part of a different statutory formula. An AWW error can therefore continue to affect benefit checks week after week.

What if the Insurance Carrier Calculated My AWW Incorrectly?

Do not assume the wage figure on a benefit check is correct. Pay stubs, payroll records, overtime, concurrent employment, qualifying benefits, and the applicable statutory calculation should be reviewed. Depending on the circumstances, correcting an AWW error can result in an adjustment of ongoing benefits and additional amounts for benefits previously underpaid.

Workers’ Compensation Wage Claims Require Serious Preparation

A wage dispute is not always a simple math problem. The applicable wage period, payroll records, overtime, concurrent employment, fringe benefits, medical work status, and type of disability benefit may all affect what an injured worker should receive.

Workers’ Compensation Cases Require Serious Preparation

AWW disputes can have an immediate financial effect because your average weekly wage is used to calculate workers’ compensation disability benefits. The employer or insurance carrier may calculate your AWW incorrectly, omit overtime or other qualifying wages, use the wrong wage period, fail to include qualifying concurrent employment, or otherwise understate the wages used to determine your compensation rate. Because an incorrect AWW can reduce each disability payment you receive, even a seemingly small calculation error can result in significant underpayment over the course of a claim.

📞 Call Today — Discuss Your Workers’ Compensation Claim Directly With Dan

If you were injured at work and believe your average weekly wage (AWW) was calculated incorrectly, qualifying wages were excluded, or your disability benefits have been underpaid, contact Dan. All consultations are free, with no attorney’s fee unless a recovery is obtained, and evening and weekend appointments are available. An incorrect AWW can reduce every disability payment based on that calculation. Contact Dan promptly to protect your rights and pursue the workers’ compensation benefits available under Florida law. CALL TODAY to speak directly with Dan: 📞 (954) 923-6110