2014 Kentucky Revised Statutes
CHAPTER 342 - WORKERS' COMPENSATION
342.140 Computation of employee's average weekly wage.
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<![CDATA[342.140 Computation of employee's average weekly wage.
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 employee had been in the employ of the employer less than thirteen
(13) 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
(f) 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
(6)
(7)
earned from the employer liable for compensation.
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.
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 (5) working days in every week regardless of whether the injured
employee actually worked all or part of the time.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1792, effective July 15, 2010. -Amended 1998 Ky. Acts ch. 226, sec. 109, effective July 15, 1998. -- Amended
1994 Ky. Acts ch. 181, sec. 77, effective April 4, 1994. -- Amended 1980 Ky.
Acts ch. 104, sec. 5, effective July 15, 1980. -- Amended 1964 Ky. Acts ch. 192,
sec. 14(1). -- Amended 1946 Ky. Acts ch. 37, sec. 7. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4905.
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