Ky. Rev. Stat. » Chapter 342
Kentucky Revised Statutes

Ky. Rev. Stat. § 342.140 (2026)

Computation of employee's average weekly wage

✓ current as of May 2026
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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 wages were determined by the day, hour, or by the output of the employee, and the employee received unemployment benefits pursuant to KRS Chapter 341 during the first, second, third, or fourth period of thirteen (13) consecutive calendar weeks in the fifty-two (52) weeks immediately preceding the injury, the unemployment benefits received shall be added to the wages earned during the thirteen (13) week period and divided by thirteen (13), the average weekly wage shall be the result most favorable to the employee; (f) 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 (g) 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 earned from the employer liable for compensation. (6) 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. (7) 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, 2024 History: Amended 2024 Ky. Acts ch. 33, sec. 3, effective July 15, 2024. -- 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.

Notes of Decisions
Cited in 77 cases (9 in the last 5 years), 1943–2026 · leading case: Fawbush v. Gwinn, 103 S.W.3d 5 (Ky. 2003).
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Fawbush v. Gwinn, 103 S.W.3d 5 (Ky. 2003). · cites it 24× “As applied to these facts, KRS 342.140 directs the average weekly wage to be determined as follows: (1) If at the time of injury .”
Nesco v. Haddix, 339 S.W.3d 465 (Ky. 2011). · cites it 42× “Noting that no provision of KRS 342.140 was tailored narrowly to accommodate consistently intermittent employment that is not seasonal, the court concluded that KRS 342.”
Double L Constr., Inc. v. Mitchell, 182 S.W.3d 509 (Ky. 2005). · cites it 18× “730 and KRS 342.140 base the benefit on the worker's earnings in the employment and in any concurrent employment of which the employer has knowledge.”
Lowe's No. 0507 v. Greathouse, 182 S.W.3d 524 (Ky. 2006). · cites it 30× “The majority then reasons that since such a low cap has been placed on the amount of benefits that any employee is entitled to claim, KRS 342.140's specific endorsement and consideration of concurrent employment must be limited to include only "low-wage" or "part-time" workers.”
Huff v. Smith Trucking, 6 S.W.3d 819 (Ky. 1999). · cites it 20× “The applicable version of KRS 342.140 provides, in pertinent part: The average weekly wage of the injured employe at the time of the injury .”
Desa Int'l, Inc. v. Barlow, 59 S.W.3d 872 (Ky. 2001). · cites it 20× “Various methods for calculating a worker’s average weekly wage are set forth in KRS 342.140. KRS 342.140(l)(a)-(c) contain methods that are applicable to wages that are fixed by the week, month, or year.”
Abel Verdon Constr. v. Rivera, 348 S.W.3d 749 (Ky. 2011). · cites it 6× “The ALJ found it difficult to apply KRS 342.140(1) under the circumstances but concluded that the claimant worked three days per week and earned $50.”
Hale v. Aluminum, 986 S.W.2d 152 (Ky. 1998). · cites it 16× “Regarding calculation of claimant’s average weekly wage, the Board held that: KRS 342.140 contains various formulae under which average weekly wages are to be determined based upon varying fact situations.”
Marsh v. Mercer Transp., 77 S.W.3d 592 (Ky. 2002). · cites it 17× “KRS 342.140 provides, in pertinent part, as follows: 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…”
Commonwealth of Kentucky, Uninsured Employers' Fund v. Kara Sidebottom A/K/A Kara Harville, 509 S.W.3d 701 (Ky. 2017). · cites it 23× “140(l)(a) as if she was a fixed weekly wage employee, the UEF relies upon KRS 342.140(6). That statute defines “wages” for purposes of determining workers’ compensation benefits as follows: The term “wages" as used in this section and KRS 34-2.”
C & D Bulldozing Co. v. Brock, 820 S.W.2d 482 (Ky. 1991). · cites it 10× “The Administrative Law Judge (AU) calculated claimant’s average weekly wage pursuant to KRS 342.140(l)(d). The Workers’ Compensation Board (Board) reversed the AU on the wage calculation and held that KRS 342.”
Pike Cnty. Bd. of Educ. v. Mills, 260 S.W.3d 366 (Ky. Ct. App. 2008). · cites it 4× “The Board of Education challenges the award on the basis that Mills was not a Board of Education employee on the date of his injury and that the ALJ erroneously found that Mills was a seasonal employee and, therefore, calculated his benefits in accordance with KRS 342.140. We…”
Show all 77 citing cases →
— Ky. Rev. Stat. § 342.140(1) — 17 cases
Abel Verdon Constr. v. Rivera, 348 S.W.3d 749 (Ky. 2011). “The ALJ found it difficult to apply KRS 342.140(1) under the circumstances but concluded that the claimant worked three days per week and earned $50.”
Nesco v. Haddix, 339 S.W.3d 465 (Ky. 2011). “Noting that no provision of KRS 342.140 was tailored narrowly to accommodate consistently intermittent employment that is not seasonal, the court concluded that KRS 342.”
Marsh v. Mercer Transp., 77 S.W.3d 592 (Ky. 2002). “KRS 342.140 provides, in pertinent part, as follows: 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…”
Hale v. Aluminum, 986 S.W.2d 152 (Ky. 1998). “Regarding calculation of claimant’s average weekly wage, the Board held that: KRS 342.140 contains various formulae under which average weekly wages are to be determined based upon varying fact situations.”
Miller v. Square D Co., 254 S.W.3d 810 (Ky. 2008).
— Ky. Rev. Stat. § 342.140(1)(a) — 2 cases
Fawbush v. Gwinn, 103 S.W.3d 5 (Ky. 2003). “As applied to these facts, KRS 342.140 directs the average weekly wage to be determined as follows: (1) If at the time of injury .”
Commonwealth of Kentucky, Uninsured Employers' Fund v. Kara Sidebottom A/K/A Kara Harville (Ky. 2017).
— Ky. Rev. Stat. § 342.140(1)(c) — 1 case
William Decker v. Control Sys. (Ky. 2022).
— Ky. Rev. Stat. § 342.140(1)(d) — 10 cases
Fawbush v. Gwinn, 103 S.W.3d 5 (Ky. 2003). “As applied to these facts, KRS 342.140 directs the average weekly wage to be determined as follows: (1) If at the time of injury .”
Denim Finishers, Inc. v. Baker, 757 S.W.2d 215 (Ky. Ct. App. 1988).
Commonwealth of Kentucky, Uninsured Employers' Fund v. Kara Sidebottom A/K/A Kara Harville (Ky. 2017).
Gen. Motors v. Brandi Woods (Ky. Ct. App. 2024).
Ford Motor Co. (Lap) v. Ross A. Burt (Ky. 2016).
— Ky. Rev. Stat. § 342.140(1)(e) — 4 cases
Fawbush v. Gwinn, 103 S.W.3d 5 (Ky. 2003). “As applied to these facts, KRS 342.140 directs the average weekly wage to be determined as follows: (1) If at the time of injury .”
Nesco v. Haddix, 339 S.W.3d 465 (Ky. 2011). “Noting that no provision of KRS 342.140 was tailored narrowly to accommodate consistently intermittent employment that is not seasonal, the court concluded that KRS 342.”
Abel Verdon Constr. v. Rivera, 348 S.W.3d 749 (Ky. 2011). “The ALJ found it difficult to apply KRS 342.140(1) under the circumstances but concluded that the claimant worked three days per week and earned $50.”
Huff v. Smith Trucking, 6 S.W.3d 819 (Ky. 1999). “The applicable version of KRS 342.140 provides, in pertinent part: The average weekly wage of the injured employe at the time of the injury .”
— Ky. Rev. Stat. § 342.140(1)(f) — 1 case
Gen. Motors v. Brandi Woods (Ky. Ct. App. 2024).
— Ky. Rev. Stat. § 342.140(2) — 9 cases
Desa Int'l, Inc. v. Barlow, 59 S.W.3d 872 (Ky. 2001). “Various methods for calculating a worker’s average weekly wage are set forth in KRS 342.140. KRS 342.140(l)(a)-(c) contain methods that are applicable to wages that are fixed by the week, month, or year.”
Holman Enter. Tobacco Warehouse v. Carter, 536 S.W.2d 461 (Ky. 1976).
Pike Cnty. Bd. of Educ. v. Mills, 260 S.W.3d 366 (Ky. Ct. App. 2008). “The Board of Education challenges the award on the basis that Mills was not a Board of Education employee on the date of his injury and that the ALJ erroneously found that Mills was a seasonal employee and, therefore, calculated his benefits in accordance with KRS 342.140. We…”
Dep't of Parks v. Kinslow, 481 S.W.2d 686 (Ky. Ct. App. 1972).
May v. James H. Drew Shows, Inc., 576 S.W.2d 524 (Ky. Ct. App. 1978).
— Ky. Rev. Stat. § 342.140(3) — 3 cases
Lowe's No. 0507 v. Greathouse, 182 S.W.3d 524 (Ky. 2006). “The majority then reasons that since such a low cap has been placed on the amount of benefits that any employee is entitled to claim, KRS 342.140's specific endorsement and consideration of concurrent employment must be limited to include only "low-wage" or "part-time" workers.”
Highland Heights Volunteer Fire Dep't v. Ellis, 160 S.W.3d 768 (Ky. 2005).
Just. v. Kimper Volunteer Fire Dep't, 379 S.W.3d 804 (Ky. Ct. App. 2012).
— Ky. Rev. Stat. § 342.140(4) — 1 case
City of Paintsville v. Ratliff, 889 S.W.2d 784 (Ky. 1994).
— Ky. Rev. Stat. § 342.140(5) — 15 cases
Double L Constr., Inc. v. Mitchell, 182 S.W.3d 509 (Ky. 2005). “730 and KRS 342.140 base the benefit on the worker's earnings in the employment and in any concurrent employment of which the employer has knowledge.”
Lowe's No. 0507 v. Greathouse, 182 S.W.3d 524 (Ky. 2006). “The majority then reasons that since such a low cap has been placed on the amount of benefits that any employee is entitled to claim, KRS 342.140's specific endorsement and consideration of concurrent employment must be limited to include only "low-wage" or "part-time" workers.”
Livingood v. Transfreight, LLC, 467 S.W.3d 249 (Ky. 2015).
Miller v. Square D Co., 254 S.W.3d 810 (Ky. 2008).
Wright v. Fardo, 587 S.W.2d 269 (Ky. Ct. App. 1979).
— Ky. Rev. Stat. § 342.140(6) — 12 cases
Commonwealth of Kentucky, Uninsured Employers' Fund v. Kara Sidebottom A/K/A Kara Harville, 509 S.W.3d 701 (Ky. 2017). “140(l)(a) as if she was a fixed weekly wage employee, the UEF relies upon KRS 342.140(6). That statute defines “wages” for purposes of determining workers’ compensation benefits as follows: The term “wages" as used in this section and KRS 34-2.”
Desa Int'l, Inc. v. Barlow, 59 S.W.3d 872 (Ky. 2001). “Various methods for calculating a worker’s average weekly wage are set forth in KRS 342.140. KRS 342.140(l)(a)-(c) contain methods that are applicable to wages that are fixed by the week, month, or year.”
Whittaker v. Robinson, 981 S.W.2d 118 (Ky. 1998).
Joseph Jewell v. Ford Motor Co., 462 S.W.3d 713 (Ky. 2015).
Anderson v. Homeless & Hous. Coa, 135 S.W.3d 405 (Ky. 2004).
— Ky. Rev. Stat. § 342.140(7) — 2 cases
Gen. Motors, LLC v. Giovanni Smith (Ky. Ct. App. 2024).
Young v. Moore, 459 S.W.2d 591 (Ky. Ct. App. 1970).
— Ky. Rev. Stat. § 342.140(I)(f) — 1 case
Marsh v. Mercer Transp., 77 S.W.3d 592 (Ky. 2002). “KRS 342.140 provides, in pertinent part, as follows: 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…”
— Ky. Rev. Stat. § 342.140(d) — 4 cases
Huff v. Smith Trucking, 6 S.W.3d 819 (Ky. 1999). “The applicable version of KRS 342.140 provides, in pertinent part: The average weekly wage of the injured employe at the time of the injury .”
Commonwealth of Kentucky, Uninsured Employers' Fund v. Kara Sidebottom A/K/A Kara Harville, 509 S.W.3d 701 (Ky. 2017). “140(l)(a) as if she was a fixed weekly wage employee, the UEF relies upon KRS 342.140(6). That statute defines “wages” for purposes of determining workers’ compensation benefits as follows: The term “wages" as used in this section and KRS 34-2.”
Commonwealth of Kentucky, Uninsured Employers' Fund v. Kara Sidebottom A/K/A Kara Harville (Ky. 2017).
Kelly Porter v. Axelon, Inc. (Ky. 2023).
— Ky. Rev. Stat. § 342.140(e) — 2 cases
Whittaker v. Robinson, 981 S.W.2d 118 (Ky. 1998).
Hale v. Aluminum, 986 S.W.2d 152 (Ky. 1998). “Regarding calculation of claimant’s average weekly wage, the Board held that: KRS 342.140 contains various formulae under which average weekly wages are to be determined based upon varying fact situations.”
— Ky. Rev. Stat. § 342.140(l)(a) — 8 cases
Fawbush v. Gwinn, 103 S.W.3d 5 (Ky. 2003). “As applied to these facts, KRS 342.140 directs the average weekly wage to be determined as follows: (1) If at the time of injury .”
Commonwealth of Kentucky, Uninsured Employers' Fund v. Kara Sidebottom A/K/A Kara Harville, 509 S.W.3d 701 (Ky. 2017). “140(l)(a) as if she was a fixed weekly wage employee, the UEF relies upon KRS 342.140(6). That statute defines “wages” for purposes of determining workers’ compensation benefits as follows: The term “wages" as used in this section and KRS 34-2.”
Desa Int'l, Inc. v. Barlow, 59 S.W.3d 872 (Ky. 2001). “Various methods for calculating a worker’s average weekly wage are set forth in KRS 342.140. KRS 342.140(l)(a)-(c) contain methods that are applicable to wages that are fixed by the week, month, or year.”
Whittaker v. Robinson, 981 S.W.2d 118 (Ky. 1998).
Hale v. Aluminum, 986 S.W.2d 152 (Ky. 1998). “Regarding calculation of claimant’s average weekly wage, the Board held that: KRS 342.140 contains various formulae under which average weekly wages are to be determined based upon varying fact situations.”
— Ky. Rev. Stat. § 342.140(l)(d) — 15 cases
Nesco v. Haddix, 339 S.W.3d 465 (Ky. 2011). “Noting that no provision of KRS 342.140 was tailored narrowly to accommodate consistently intermittent employment that is not seasonal, the court concluded that KRS 342.”
Fawbush v. Gwinn, 103 S.W.3d 5 (Ky. 2003). “As applied to these facts, KRS 342.140 directs the average weekly wage to be determined as follows: (1) If at the time of injury .”
C & D Bulldozing Co. v. Brock, 820 S.W.2d 482 (Ky. 1991). “The Administrative Law Judge (AU) calculated claimant’s average weekly wage pursuant to KRS 342.140(l)(d). The Workers’ Compensation Board (Board) reversed the AU on the wage calculation and held that KRS 342.”
Commonwealth of Kentucky, Uninsured Employers' Fund v. Kara Sidebottom A/K/A Kara Harville, 509 S.W.3d 701 (Ky. 2017). “140(l)(a) as if she was a fixed weekly wage employee, the UEF relies upon KRS 342.140(6). That statute defines “wages” for purposes of determining workers’ compensation benefits as follows: The term “wages" as used in this section and KRS 34-2.”
Desa Int'l, Inc. v. Barlow, 59 S.W.3d 872 (Ky. 2001). “Various methods for calculating a worker’s average weekly wage are set forth in KRS 342.140. KRS 342.140(l)(a)-(c) contain methods that are applicable to wages that are fixed by the week, month, or year.”
— Ky. Rev. Stat. § 342.140(l)(e) — 12 cases
Nesco v. Haddix, 339 S.W.3d 465 (Ky. 2011). “Noting that no provision of KRS 342.140 was tailored narrowly to accommodate consistently intermittent employment that is not seasonal, the court concluded that KRS 342.”
Fawbush v. Gwinn, 103 S.W.3d 5 (Ky. 2003). “As applied to these facts, KRS 342.140 directs the average weekly wage to be determined as follows: (1) If at the time of injury .”
Huff v. Smith Trucking, 6 S.W.3d 819 (Ky. 1999). “The applicable version of KRS 342.140 provides, in pertinent part: The average weekly wage of the injured employe at the time of the injury .”
C & D Bulldozing Co. v. Brock, 820 S.W.2d 482 (Ky. 1991). “The Administrative Law Judge (AU) calculated claimant’s average weekly wage pursuant to KRS 342.140(l)(d). The Workers’ Compensation Board (Board) reversed the AU on the wage calculation and held that KRS 342.”
Cent. Kentucky Steel v. Wise, 19 S.W.3d 657 (Ky. 2000).
— Ky. Rev. Stat. § 342.140(l)(f) — 3 cases
Marsh v. Mercer Transp., 77 S.W.3d 592 (Ky. 2002). “KRS 342.140 provides, in pertinent part, as follows: 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…”
Hale v. Aluminum, 986 S.W.2d 152 (Ky. 1998). “Regarding calculation of claimant’s average weekly wage, the Board held that: KRS 342.140 contains various formulae under which average weekly wages are to be determined based upon varying fact situations.”
Pendygraft v. Ford Motor Co., 260 S.W.3d 788 (Ky. 2008).
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