For work injuries falling under the Louisiana Workers’ Compensation Act, Average Weekly Wage for Full Time Employees is calculated by averaging the actual hours worked in the four full weeks before the accident or using wages for a forty hour work week, whichever is greater. Overtime is included in the calculation.
Injured Louisiana workers are presumed to be full time unless they were offered employment for 40 hours or more but regularly and at their own discretion work less than 40 hour per week.
If in an employee is guaranteed a weekly salary and receives a commission, the injured employee’s Average Weekly Wage would be calculated by adding the guaranteed weekly salary to an additional amount of other wage commission calculated by adding up the gross wages for the applicable period and dividing by the number of days the employee actually worked and then multiplying by the average number of days worked per week.
Please remember that an injured outdoor construction worker who works fewer than forty hours per week because of the weather and not due to his own discretion is still presumed to be a full time employee and his average weekly wage should reflect at least a forty hour work week.
If you have any questions about your Average Weekly Wage Calculation, contact a Louisiana Workers Compensation Attorney.