Standard Lookback Period
Workers' compensation generally uses the 52 weeks immediately before the injury date to calculate average weekly earnings. This 52-week lookback is the default in most states because it captures a full year of wages and smooths out short-term fluctuations. If the employee worked for fewer than 52 weeks, many jurisdictions prorate based on the actual weeks worked, using whatever wage history is available.
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What Counts as Earnings in the Calculation
The average weekly earnings figure usually includes base wages, hourly pay, salaries, and regular overtime. Bonuses, commissions, and tips may be included if they are part of the employee's regular earnings pattern. Some states also add the cash value of certain fringe benefits, such as housing allowances or company vehicles, while others exclude them. The key principle is that the calculation reflects what the worker actually took home or would have taken home during the period.
When the Standard 52-Week Period Does Not Apply
Several situations can shorten or shift the lookback window. If an employee started a new job shortly before an injury, the employer or insurer may use the actual earnings from the shorter period and project them to a full year. In cases of seasonal work or irregular hours, some jurisdictions use the earnings from the highest-paying consecutive weeks within the lookback period. When a worker has no recent employment history, a few states allow the use of the average weekly wage of a similarly employed worker or a statutory minimum.
State Variations in the Lookback Rules
Because workers' compensation is governed at the state level, the exact lookback period and the definition of wages can differ significantly. Some states default to 52 weeks, others use 26 weeks, and a smaller group uses a hybrid approach that blends recent and prior-year earnings. A few states permit the insurer to choose between several calculation methods if one produces a higher benefit. These differences mean that two workers with identical jobs and injuries in different states can receive different weekly benefit amounts.
Special Circumstances and Disputes
If an employer underpaid wages during the lookback period or the employee took unpaid leave, the calculation may be adjusted to reflect what the worker would have earned. Disputes often arise over whether certain payments — such as shift differentials, noncash benefits, or severance — belong in the average weekly earnings figure. In contested cases, a workers' compensation judge reviews the evidence and applies the state's specific statutory rules to determine the correct lookback window and earnings total.