How Is Your Average Weekly Wage Calculated for a Workers’ Comp Claim in Georgia?

The short answer: In Georgia, your average weekly wage (AWW) is usually one-thirteenth of the total wages you earned during the 13 weeks right before your injury, which works out to your typical weekly pay. Your weekly benefit check is then two-thirds of that AWW, up to a state maximum. Because overtime, tips, bonuses, and even a second job can raise your AWW, getting this number right directly impacts how much you’re paid.

Getting hurt on the job is stressful enough without having to worry about money. You’re in pain, you may be out of work, and now your household budget depends on a number you didn’t calculate and often cannot even see. We understand how unsettling that is, and we want to make this figure clear so you can tell whether your checks are correct. Your first consultation with us is free.

In this article, we discuss:

– What your average weekly wage is and why it matters

– How Georgia calculates your average weekly wage

– How much workers’ comp pays once you have that number

– Which wages count, including overtime, tips, and a second job

– What to do if your average weekly wage looks too low

– How our Athens workers’ compensation lawyers can help

What Is Your Average Weekly Wage, And Why Does It Matter?

Your average weekly wage is the baseline Georgia uses to calculate nearly every check in your workers’ compensation claim. If the AWW is wrong, every payment based on it is also wrong.

Think of your AWW as a snapshot of what you normally earned before you got hurt. Your income benefits, whether for temporary or permanent disability, are a percentage of that snapshot. A low AWW means smaller checks for as long as your benefits last, and that could be months or even years.

How Is Workers’ Comp Calculated In Georgia From Your Wages?

In most cases, your average weekly wage is one-thirteenth of the total wages you earned in the 13 weeks right before your injury (O.C.G.A. § 34-9-260). In plain terms, Georgia adds up your gross pay over that window and divides by 13 to find your typical weekly earnings.

The standard 13-week method

This method applies when you worked for your employer for substantially the whole 13 weeks before the injury, and your average weekly wage becomes one-thirteenth of the total wages earned during that period. Georgia generally assumes a normal workweek is five days and that your daily wage is one-fifth of your weekly pay, which matters if you didn’t work every scheduled day.

What if you hadn’t worked there for 13 weeks?

If you hadn’t worked the whole 13 weeks substantially, Georgia instead uses the wages of a similar employee in the same job who did work that full period. If neither approach fits your situation, the state can use a wage figure that fairly reflects what you were earning. The goal is always a fair picture of your normal pay.

How Much Is Workers’ Comp In Georgia Once You Know Your Average Weekly Wage?

Your weekly check for temporary total disability is two-thirds of your average weekly wage, up to a maximum of $800 per week for injuries on or after July 1, 2023. There’s also a floor: the benefit generally cannot fall below $50 per week, and if you earned less than $50, you receive an amount equal to your average weekly wage. The same two-thirds figure drives permanent partial disability benefits, so your AWW follows you through the life of your claim.

Here’s a simple example. If your AWW is $900, two-thirds is $600, so you’d receive $600 per week. If your AWW is $1,500, two-thirds would be $1,000, but the cap limits your check to $800. That’s exactly why an accurate, and often higher, AWW can make a real difference.

What Wages Count Toward Your Average Weekly Wage?

More of your pay counts than many individuals expect, and that’s often where checks fall short. Your workers’ comp average weekly wage isn’t limited to your base salary or hourly rate.

Overtime, tips, and bonuses

Because the calculation uses your total wages, not just your base rate, forms of pay, such as overtime and tips, are generally included in your average weekly wage. Georgia courts have even included a year-end bonus in the calculation, based on the employee’s hourly wages plus the bonus. If you regularly worked overtime or earned tips, leaving them out can shrink your AWW and every check that follows, so hold onto pay stubs that show this income.

What if you have a second job?

If you held similar concurrent employment, the wages paid by all of your similar concurrent employers should be included in your average weekly wage. Georgia courts have applied this concurrent similar employment doctrine to include wages earned from a second employer during the 13-week period. Many injured workers don’t realize a second job can raise their weekly benefit, so they mention every source of income.

What Should You Do If Your Average Weekly Wage Looks Too Low?

If your checks feel smaller than they should be, don’t just accept the number. Insurers sometimes calculate AWW using only base pay and exclude overtime, tips, bonuses, or income from a second job. You have the right to question the figure and ask for a correction.

Start by gathering your pay records from the 13 weeks before your injury, including stubs that show overtime and tips. Compare your total gross pay to the weekly benefit you’re receiving, and if the math doesn’t line up, the AWW may be off.

Timing matters too. In Georgia, the right to compensation is generally barred unless you file a claim within one year of your injury (O.C.G.A. § 34-9-82). Waiting can put your benefits at risk, so it’s best to act quickly, and a short phone call can help you protect both your claim and your paycheck.

Contact Larrison Law Firm’s Athens Workers’ Compensation Team

You shouldn’t have to fight over a formula while you’re trying to heal. At Larrison Law Firm, we bring compassion, integrity, and experience to every case, and we’re glad to look at how your average weekly wage was calculated to see whether you’re being paid fairly.

Our Athens office at 320 East Clayton Street, Suite 419, serves injured workers throughout the area. Your consultation is free; we’ll be honest with you about what we find, and you won’t pay attorney fees upfront. Call our Athens office at (770)626-7895 for a free consultation.

Frequently Asked Questions About Workers’ Comp Average Weekly Wage In Georgia

How is workers’ comp calculated in Georgia?

Georgia starts with your average weekly wage, usually one-thirteenth of your total wages from the 13 weeks before your injury. Your weekly benefit is then two-thirds of that AWW, up to $800 per week for injuries on or after July 1, 2023. Getting the AWW right is the key to a fair check.

Does overtime count toward my average weekly wage?

Generally, yes. Because the calculation is based on your total wages, overtime, and tips are usually included in your workers’ comp average weekly wage, and Georgia courts have even included bonuses. If those were left out, your weekly checks may be too low, and the figure can be challenged.

How much is workers’ comp in Georgia if I work two jobs?

If you had similar concurrent employment when you were injured, the wages from both jobs should be combined in your average weekly wage. That can raise your weekly benefit, so tell your attorney about every job you held at the time of the injury.

What if I think my average weekly wage was calculated wrong?

Gather your pay stubs from the 13 weeks before your injury and compare them to your weekly benefit. If the numbers don’t match, you can ask for a correction. An experienced attorney can review the calculation and help you request the right amount.

How long do I have to file a workers’ comp claim in Georgia?

In most cases, you have one year from the date of your injury to file. Some exceptions apply if weekly benefits have already been paid or if your employer provided medical treatment. Because deadlines can be tricky, it’s smart to talk with an attorney as soon as you can.