How is my Average Weekly Wage (AWW) calculated for workers’ comp in New York?

New York Workers’ Compensation Law §14 sets the rules for calculating your Average Weekly Wage. The Workers’ Compensation Board (WCB) looks at your gross earnings — before taxes — for the 52 weeks before your accident date.

Here is the basic formula: add up all wages from that year, then divide by 52. That gives you your AWW. Your weekly benefit check equals two-thirds of that AWW, subject to a state cap that changes every year.

For injuries on or after July 1, 2026, the maximum weekly benefit is $1,281.50. If your two-thirds calculation comes out higher, you still only receive the cap amount. If it comes out lower, you get the lower figure.

Several pay types count toward your AWW: regular wages, overtime, shift differentials, tips if they are reported, and some employer-provided housing or meals. Irregular income like a one-time bonus can sometimes be included at the judge’s discretion.

If you worked less than 52 weeks at your job — for example, you were a seasonal worker — the Board can use a “similar worker” standard under §14(5), looking at what a comparable employee earned over the full year.

Getting your AWW wrong costs you money every single week. If you believe the insurance company calculated it incorrectly, request a hearing before the WCB. Our team offers a free consultation and never charges a fee unless we win your case.