How is AWW Calculated in Vermont?

Compliance Corner

What are the ways that Vermont computes average weekly wage? The answer to that -- and so much more -- is on Simply Research, but we highlight the basics here.

26 Weeks

Average weekly wages shall be computed in such manner as is best calculated to give the average weekly earnings of the worker during the 26 weeks preceding an injury.

For Workers with Less Time on the Job

If, because of the shortness of the time during which the worker has been in the employment, or the casual nature of the employment, or the terms of the employment, it is impracticable to compute the rate of remuneration, average weekly wages of the injured worker may be based on the average weekly earnings during the 26 weeks previous to the injury earned by a person in the same grade employed at the same or similar work by the employer of the injured worker, or if there is no comparable employee, by a person in the same grade employed in the same class of employment and in the same district.

Sickness or Suspension

If during the period of 26 weeks an injured employee has been absent from employment on account of sickness or suspension of work by the employer, then only the time during which the employee was able to work shall be used to determine the employee’s average weekly wage.

Multiple Employers

If the injured employee is employed in the concurrent service of more than one insured employer or self-insurer, the total earnings from the several insured employers and self-insurers shall be combined in determining the employee’s average weekly wages, but insurance liability shall be exclusively upon the employer in whose employ the injury occurred.

Volunteer Firefighters, etc.

The average weekly wage of a volunteer firefighter, volunteer rescue or ambulance worker, volunteer reserve police officer, or volunteer as set forth in 3 V.S.A. 1101(b)(4) who is injured in the discharge of duties as a firefighter, rescue or ambulance worker, police officer, or State agency volunteer shall be the employee’s average weekly wage in the employee’s regular employment or vocation, but the provisions of section 642 of this title relative to maximum weekly compensation and weekly net income rates shall apply.

Min, Max in Play

For the purpose of calculating permanent total or permanent partial disability compensation, the provisions relating to the maximum and minimum weekly compensation rate shall apply.

More Pay at Time of Injury

If a worker at the time of the injury is regularly employed at a higher wage rate or in a higher grade of work than formerly during the 26 weeks preceding the injury and with larger regular wages, only the larger wages shall be taken into consideration in computing the worker’s average weekly wages.

Intervals of Disability

When temporary disability, either total or partial, does not occur in a continuous period but occurs in separate intervals each resulting from the original injury, compensation shall be adjusted for each recurrence of disability to reflect any increases in wages or benefits prevailing at that time. For the purpose of computation, the adjustments shall be based upon the compensation received by a person in the same grade employed in the same class of employment and in the same district.

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