N.Y. Workers' Compensation Law § 14: Weekly wages basis of compensation

§ 14. Weekly wages basis of compensation. Except as otherwise provided

in this chapter, the average weekly wages of the injured employee at the

time of the injury shall be taken as the basis upon which to compute

compensation or death benefits, and shall be determined as follows:

1. If the injured employee shall have worked in the employment in

which he was working at the time of the accident, whether for the same

employer or not, during substantially the whole of the year immediately

preceding his injury, his average annual earnings shall consist of three

hundred times the average daily wage or salary for a six-day worker, and

two hundred sixty times the average daily wage or salary for a five-day

worker, which he shall have earned in such employment during the days

when so employed;

2. If the injured employee shall not have worked in such employment

during substantially the whole of such year, his average annual

earnings, if a six-day worker, shall consist of three hundred times the

average daily wage or salary, and, if a five-day worker, two hundred and

sixty times the average daily wage or salary, which an employee of the

same class working substantially the whole of such immediately preceding

year in the same or in a similar employment in the same or a neighboring

place shall have earned in such employment during the days when so

employed;

3. If either of the foregoing methods of arriving at the annual

average earnings of an injured employee cannot reasonably and fairly be

applied, such annual average earnings shall be such sum as, having

regard to the previous earnings of the injured employee and of other

employees of the same or most similar class, working in the same or most

similar employment, or other employment as defined in this chapter, in

the same or neighboring locality, shall reasonably represent the annual

earning capacity of the injured employee in the employment in which he

was working at the time of the accident, provided, however, his average

annual earnings shall consist of not less than two hundred times the

average daily wage or salary which he shall have earned in such

employment during the days when so employed, further provided, however,

that if the injured employee shall have been in the military or naval

service of the United States or of the state of New York within twelve

months prior to his injury, and his average annual earnings cannot be

fairly determined under subdivisions one and two, then the average

annual earnings shall be determined by multiplying his average daily

wage during the days so employed by not less than two hundred and forty;

4. The average weekly wages of an employee shall be one-fifty-second

part of his average annual earnings;

5. If it be established that the injured employee was under the age of

twenty-five when injured, and that under normal conditions his wages

would be expected to increase, that fact may be considered in arriving

at his average weekly wages.

6. If the injured employee is concurrently engaged in more than one

employment at the time of injury, the employee's average weekly wages

shall be calculated upon the basis of wages earned from all concurrent

employments covered under this chapter. The employer in whose employment

the employee was injured shall be liable for the benefits that would

have been payable if the employee had had no other employment. Any

additional benefits resulting from the increase in average weekly wages

due to the employee's concurrent employments shall be payable in the

first instance by the employer in whose employment the employee was

injured and shall be reimbursed by the special disability fund created

under subdivision eight of section fifteen of this article, but only if

such claim is presented in accordance with subparagraph two of paragraph

(h) of subdivision eight of section fifteen of this article. The

employer in whose employment the employee was injured shall be liable

for all medical costs.

7. The average weekly wages of a jockey, apprentice jockey or exercise

person licensed under article two or four of the racing, pari-mutuel

wagering and breeding law shall be computed based upon all of the

earnings of such jockey, apprentice jockey or exercise person, including

those derived from outside of the state.