Firm-Wide blog

What is an Average Weekly Wage and How Does It Affect My Case?

By Burg Simpson
February 3, 2015
2 min read

Your average weekly wage is calculated as 2/3 of your “weekly gross pay” on an average work week. It seems like a very simple formula, but it can be complicated if you are a teacher, truck driver, field worker, or many other jobs with irregular pay. If you work a lot of overtime, seasonally, by commission, or by miles driven, coming up with an average weekly wage can be a difficult process.

Any job that has inconsistent pay, big differences in pay by week, is seasonal, or has irregular pay for any other reason usually becomes a negotiation between your lawyer and the insurance company to correctly capture what your actual average is. A lawyer can also help you ensure that the insurance company’s calculation of your wage is correct and up to date with current information. Their final number may be based on incomplete knowledge, like your number of overtime hours increasing in the last year or a project deadline that you were about to receive a large payout from.

Additionally, your average weekly wage affects a lot more than just your lost wages amount. It can affect your other benefits as well. Many different financial outcomes in your case are tied to what your average weekly wage is calculated to be. This means that having a lawyer on your case before that decision is made will increase your chances of a full value case greatly.

Most lawyers (myself included) will do a free consultation with you over the phone, by email, or in person to tell you what you can expect in your case. If you would like to talk to someone about your case, you can call me at 303-792-5595 or submit a request using the Free Case Evaluation button on the right side of the page to have someone from our office contact you.

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