Calculating Your Average Weekly Wage (AWW) for Georgia Workers' Comp

Why Your Average Weekly Wage Matters

When you are injured on the job in Georgia and placed out of work by a doctor, you are entitled to Temporary Total Disability (TTD) income benefits. However, you do not receive your full paycheck. Georgia law entitles you to exactly two-thirds (66.67%) of your Average Weekly Wage (AWW), subject to a state maximum. Because every dollar of your weekly check is based on this AWW calculation, insurance companies frequently make mistakes that artificially lower your wage. Ensuring your AWW is calculated accurately is the most important financial step in your workers' comp claim. Connecting with a sharp workers' compensation attorney through our directory can help you force the insurance company to pay what you truly deserve.

The 13-Week Mathematical Formula

In Georgia, your AWW is not based on your yearly salary or a random guess. It is governed by a strict mathematical formula under O.C.G.A. § 34-9-260. The primary method requires the insurance company to look at the 13 consecutive weeks immediately preceding the date of your injury. They must add up all your gross earnings (before taxes) during that exact 13-week period and divide the total by 13. This yields your base Average Weekly Wage. The insurer is required to file Form WC-6, Georgia, State Board of Workers' Compensation, Wage Statement to prove their math to the state.

Including Bonuses and Overtime

A massive trick insurers use is only calculating your base hourly rate. Under Georgia law, your AWW must include all forms of compensation. This means if you worked mandatory or voluntary overtime, earned performance bonuses, received shift differentials, or even got paid in lodging or meals (such as an apartment provided to an onsite maintenance worker), the value of those perks must be added into the 13-week gross total. If you regularly worked 50 hours a week, calculating your AWW based on a 40-hour week is illegal and drastically shorts your benefits. Case law, such as Groover v. Johnson Controls World Service, 241 Ga. App. 791 (GA Court of Appeals 2000), reinforces that the AWW must accurately reflect the employee's actual earnings, including regular allowances.

What to Do if You Worked Less Than 13 Weeks

What if you were injured on your third day on the job? If you did not work a substantial portion of the 13 weeks prior to the injury, the insurance company cannot use your own wages. Instead, O.C.G.A. § 34-9-260(2) requires them to use the wages of a 'similar employee.' They must find a coworker who has the same job title, works the same shifts, and has been employed for the full 13 weeks, and use that coworker's wages to set your AWW.

Calculating AWW for Part-Time vs. Full-Time Workers

If there is no similar employee, the insurer must use a third method: the full-time weekly wage formula. They simply take your hourly rate and multiply it by your contracted full-time hours (usually 40). However, if you are a designated part-time worker who only works 15 hours a week, your AWW will be based strictly on those 15 hours. You cannot claim a 40-hour wage if you were only hired as a part-time employee.

Holding the Employer Accountable

If you receive your first workers' comp check and it seems too low, you must request a copy of the Form WC-6 Wage Statement immediately. Review it against your pay stubs. If the employer left off your overtime or conveniently forgot about a large quarterly bonus, your attorney can file for a hearing at the State Board of Workers' Compensation, Atlanta or the State Board of Workers' Compensation, Albany. If the judge finds the insurer intentionally underpaid you, they can order backpay and impose penalties against the insurance carrier.

How Much Does it Cost to Dispute AWW?

How Long Does the Process Take?

The employer must file the Wage Statement within 30 days of your injury. If you discover an error and your attorney requests a correction, the insurer may fix it within a few days to avoid penalties. However, if they fight you on it and you have to go to court, getting a hearing before an Administrative Law Judge can take 2 to 3 months.

Frequently Asked Questions (FAQ)