§ 14 — Weekly wages basis of compensation

New York § 14

• Jurisdiction: New York
• Law WKC: Workers' Compensation
• Art. 2: Compensation

Text

§ 14. Weekly wages basis of compensation. Except as otherwise provided\nin this chapter, the average weekly wages of the injured employee at the\ntime of the injury shall be taken as the basis upon which to compute\ncompensation or death benefits, and shall be determined as follows:\n 1. If the injured employee shall have worked in the employment in\nwhich he was working at the time of the accident, whether for the same\nemployer or not, during substantially the whole of the year immediately\npreceding his injury, his average annual earnings shall consist of three\nhundred times the average daily wage or salary for a six-day worker, and\ntwo hundred sixty times the average daily wage or salary for a five-day\nworker, which he shall have earned in such employment during the days\nwhen so employed;\n 2. If the injured employee shall not have worked in such employment\nduring substantially the whole of such year, his average annual\nearnings, if a six-day worker, shall consist of three hundred times the\naverage daily wage or salary, and, if a five-day worker, two hundred and\nsixty times the average daily wage or salary, which an employee of the\nsame class working substantially the whole of such immediately preceding\nyear in the same or in a similar employment in the same or a neighboring\nplace shall have earned in such employment during the days when so\nemployed;\n 3. If either of the foregoing methods of arriving at the annual\naverage earnings of an injured employee cannot reasonably and fairly be\napplied, such annual average earnings shall be such sum as, having\nregard to the previous earnings of the injured employee and of other\nemployees of the same or most similar class, working in the same or most\nsimilar employment, or other employment as defined in this chapter, in\nthe same or neighboring locality, shall reasonably represent the annual\nearning capacity of the injured employee in the employment in which he\nwas working at the time of the accident, provided, however, his average\nannual earnings shall consist of not less than two hundred times the\naverage daily wage or salary which he shall have earned in such\nemployment during the days when so employed, further provided, however,\nthat if the injured employee shall have been in the military or naval\nservice of the United States or of the state of New York within twelve\nmonths prior to his injury, and his average annual earnings cannot be\nfairly determined under subdivisions one and two, then the average\nannual earnings shall be determined by multiplying his average daily\nwage during the days so employed by not less than two hundred and forty;\n 4. The average weekly wages of an employee shall be one-fifty-second\npart of his average annual earnings;\n 5. If it be established that the injured employee was under the age of\ntwenty-five when injured, and that under normal conditions his wages\nwould be expected to increase, that fact may be considered in arriving\nat his average weekly wages.\n 6. If the injured employee is concurrently engaged in more than one\nemployment at the time of injury, the employee's average weekly wages\nshall be calculated upon the basis of wages earned from all concurrent\nemployments covered under this chapter. The employer in whose employment\nthe employee was injured shall be liable for the benefits that would\nhave been payable if the employee had had no other employment. Any\nadditional benefits resulting from the increase in average weekly wages\ndue to the employee's concurrent employments shall be payable in the\nfirst instance by the employer in whose employment the employee was\ninjured and shall be reimbursed by the special disability fund created\nunder subdivision eight of section fifteen of this article, but only if\nsuch claim is presented in accordance with subparagraph two of paragraph\n(h) of subdivision eight of section fifteen of this article. The\nemployer in whose employment the employee was injured shall be liable\nfor all medical costs.\n 7. The average weekly wages of a jockey, apprentice jockey or exercise\nperson licensed under article two or four of the racing, pari-mutuel\nwagering and breeding law shall be computed based upon all of the\nearnings of such jockey, apprentice jockey or exercise person, including\nthose derived from outside of the state.\n