342.140 Computation of employee's average weekly wage.
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/ky/chapter-342/342-140A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The average weekly wage of the injured employee at the time of the injury or last injurious exposure shall be determined as follows:
(1)If at the time of the injury which resulted in death or disability or the last date of
injurious exposure preceding death or disability from an occupational disease:
(a)The wages were fixed by the week, the amount so fixed shall be the average
weekly wage;
(b)The wages were fixed by the month, the average weekly wage shall be the
monthly wage so fixed multiplied by twelve
(12)and divided by fifty-two
(52);
(c)The wages were fixed by the year, the average weekly wage shall be the
yearly wage so fixed divided by fifty-two (52);
(d)The wages were fixed by the day, hour, or by the output of the employee, the
average weekly wage shall be the wage most favorable to the employee
computed by dividing by thirteen
(13)the wages (not including overtime or
premium pay) of said employee earned in the employ of the employer in the
first, second, third, or fourth period of thirteen
(13)consecutive calendar
weeks in the fifty-two
(52)weeks immediately preceding the injury;
(e)The wages were determined by the day, hour, or by the output of the
employee, and the employee received unemployment benefits pursuant to
KRS Chapter 341 during the first, second, third, or fourth period of thirteen
(13)consecutive calendar weeks in the fifty-two
(52)weeks immediately
preceding the injury, the unemployment benefits received shall be added to
the wages earned during the thirteen
(13)week period and divided by thirteen
(13), the average weekly wage shall be the result most favorable to the
employee;
(f)The employee had been in the employ of the employer less than thirteen
calendar weeks immediately preceding the injury, his or her average weekly
wage shall be computed under paragraph (d), taking the wages (not including
overtime or premium pay) for that purpose to be the amount he or she would
have earned had he or she been so employed by the employer the full thirteen
(13)calendar weeks immediately preceding the injury and had worked, when
work was available to other employees in a similar occupation; and
(g)The hourly wage has not been fixed or cannot be ascertained, the wage for the
purpose of calculating compensation shall be taken to be the usual wage for
similar services where the services are rendered by paid employees.
(2)In occupations which are exclusively seasonal and therefore cannot be carried on
throughout the year, the average weekly wage shall be taken to be one-fiftieth
(1/50) of the total wages which the employee has earned from all occupations
during the twelve
(12)calendar months immediately preceding the injury.
(3)In the case of volunteer firemen, police, and emergency management agency
members or trainees, the income benefits shall be based on the average weekly
wage in their regular employment.
(4)If the employee was a minor, apprentice, or trainee when injured, and it is
established that under normal conditions his or her wages should be expected to
increase during the period of disability, that fact may be considered in computing
his or her average weekly wage.
(5)When the employee is working under concurrent contracts with two
(2)or more
employers and the defendant employer has knowledge of the employment prior to
the injury, his or her wages from all the employers shall be considered as if earned
from the employer liable for compensation.
(6)The term "wages" as used in this section and KRS 342.143 means, in addition to
money payments for services rendered, the reasonable value of board, rent, housing,
lodging, and fuel or similar advantage received from the employer, and gratuities
received in the course of employment from others than the employer to the extent
the gratuities are reported for income tax purposes.
(7)The commissioner shall, from time to time, based upon the best available
information, determine by administrative regulation industries which ordinarily do
not have a full working day for five
(5)days in every week. In those industries,
compensation shall be computed at the average weekly wage earned by the
employee at the time of injury reckoning wages as earned while working full time.
"At full time" as used in this subsection means a full working day for five
working days in every week regardless of whether the injured employee actually
worked all or part of the time.