ILCS » Chapter 820 · Act 305
Illinois Compiled Statutes

820 ILCS 305/10 (2026)

The basis for computing the compensation provided for in Sections 7 and 8 of the Act shall be as follows:     The compensation shall be computed on the basis of the "Average weekly wage" which shall mean the actual earnings of the employee in the employment in which he was working at the time of the injury during the period of 52 weeks ending with the last day of the employee's last full pay period immediately preceding the date of injury, illness or disablement excluding overtime, and bonus divided by 52; but if the injured employee lost 5 or more calendar days during such period, whether or not in the same week, then the earnings for the remainder of such 52 weeks shall be divided by the number of weeks and parts thereof remaining after the time so lost has been deducted

✓ current as of May 2026
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(820 ILCS 305/10) (from Ch. 48, par. 138.10)
    Sec. 10. The basis for computing the compensation provided for in Sections 7 and 8 of the Act shall be as follows:
    The compensation shall be computed on the basis of the "Average weekly wage" which shall mean the actual earnings of the employee in the employment in which he was working at the time of the injury during the period of 52 weeks ending with the last day of the employee's last full pay period immediately preceding the date of injury, illness or disablement excluding overtime, and bonus divided by 52; but if the injured employee lost 5 or more calendar days during such period, whether or not in the same week, then the earnings for the remainder of such 52 weeks shall be divided by the number of weeks and parts thereof remaining after the time so lost has been deducted. Where the employment prior to the injury extended over a period of less than 52 weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee actually earned wages shall be followed. Where by reason of the shortness of the time during which the employee has been in the employment of his employer or of the casual nature or terms of the employment, it is impractical to compute the average weekly wages as above defined, regard shall be had to the average weekly amount which during the 52 weeks previous to the injury, illness or disablement was being or would have been earned by a person in the same grade employed at the same work for each of such 52 weeks for the same number of hours per week by the same employer. In the case of volunteer firemen, police and civil defense members or trainees, the income benefits shall be based on the average weekly wage in their regular employment. When the employee is working concurrently with two or more employers and the respondent employer has knowledge of such employment prior to the injury, his wages from all such employers shall be considered as if earned from the employer liable for compensation.
(Source: P.A. 81-1482.)

    
Notes of Decisions
Cited in 42 cases, 1995–2019 · leading case: Sylvester v. Indus. Comm'n, 756 N.E.2d 822 (Ill. 2001).
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Sylvester v. Indus. Comm'n, 756 N.E.2d 822 (Ill. 2001). · cites it 5× “The appellate court reversed the circuit court, holding that the wage computation had been based on an erroneous interpretation of the governing statute, section 10 of the Act (820 ILCS 305/10 (West 1992)). 314 Ill. App.”
Greaney v. Indus. Comm'n, 832 N.E.2d 331 (Ill. App. Ct. 2005). · cites it 5× “Pursuant to section 10 of the Act (820 ILCS 305/10 (West 2002)), a claimant’s average weekly wage may be calculated according to one of four methods.”
Flynn v. Indus. Comm'n, 813 N.E.2d 119 (Ill. 2004). · cites it 6× “*** When the employee is working concurrently with two or more employers and the respondent employer has knowledge of such employment prior to the injury, his wages from all such employers shall be considered as if earned from the employer liable for compensation.”
D.J. Masonry Co. v. Indus. Comm'n, 693 N.E.2d 1201 (Ill. App. Ct. 1998). · cites it 6× “See 820 ILCS 305/10 (West 1994). Pursuant to section 10, an employee’s average weekly wage is computed by taking the employee’s actual earnings of the last 52 weeks immediately preceding the date of injury and dividing by 52.”
Elgin Bd. of Educ. Sch. Dist. U-46 v. Illinois Workers' Comp. Comm'n, 949 N.E.2d 198 (Ill. App. Ct. 2011). · cites it 8× “Second, it argues that the Commission erred in calculating claimant's average weekly wage under section 10 of the Workers' Compensation Act (Act) (820 ILCS 305/10 (West 2002)). Third, it contends that the Commission erred in denying it credit under section 8(j) of the Act (820…”
Boelkes v. Harlem Consol. Sch. Dist. No. 122, 842 N.E.2d 790 (Ill. App. Ct. 2006). · cites it 3× “Section 8(b) of the Act (820 ILCS 305/8(b) (West 2002)) provides that the compensation rate for TTD benefits shall be equal to 662/s% of the employee’s average weekly wage computed in accordance with section 10 of the Act (820 ILCS 305/10 (West 2002)). Section 10 of the Act…”
Sylvester v. Indus. Comm'n, 732 N.E.2d 751 (Ill. App. Ct. 2000). · cites it 8× “asis for computing a claimant’s average weekly earnings is governed by section 10 of the Workers’ Compensation Act (Act) (820 ILCS 305/10 (West 1998)), which states in relevant part: “The compensation shall be computed on the basis of the ‘Average weekly wage’ which shall mean…”
Tower Auto. v. Illinois Workers' Comp. Comm'n, 943 N.E.2d 153 (Ill. App. Ct. 2011). · cites it 2× “However, since these arguments are based solely upon the premise that the Commission's causation finding is erroneous, a premise we have already rejected, we also reject these contentions without further analysis. Next, Tower argues that the Commission's calculation of the…”
Zanger v. Indus. Comm'n, 715 N.E.2d 767 (Ill. App. Ct. 1999). · cites it 5× “Claimant’s attorney did not attempt to use the document to refresh claimant’s recollection of how much he earned while working for Huck Fixture in 1992.”
Paoletti v. Indus. Comm'n, 665 N.E.2d 507 (Ill. App. Ct. 1996). · cites it 2× “Section 10 of the Workers’ Compensation Act (820 ILCS 305/10 (West 1992)) (Act) sets forth the method of calculating compensation as follows: "The compensation shall be computed on the basis of the 'Average weekly wage’ which shall mean the actual earnings of the employee in the…”
Edward Don Co. v. Indus. Comm'n, 801 N.E.2d 18 (Ill. App. Ct. 2003). · cites it 2× “eriod immediately preceding the date of injury, illness or disablement excluding overtime, and bonus divided by 52; but if the injured employee lost 5 or more calendar days during such period, whether or not in the same week, then the earnings for the remainder of such 52 weeks…”
City of Rockford v. Unit Six of the Policemen's Benevolent & Prot. Ass'n, 813 N.E.2d 1083 (Ill. App. Ct. 2004). · cites it 2× “The City contends in its reply brief that Cabello no longer has an interest in the present proceeding because, on June 20, 2002, the Illinois Industrial Commission approved a settlement of Cabello’s case that addressed the nature and extent of an employee’s average weekly wage…”
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