Kentucky Revised Statutes

Ky. Rev. Stat. § 342.143 (2026)

Method for determining the average weekly wage of the state

✓ current as of May 2026

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For the purposes of this chapter, the average weekly wage of the state shall be determined by the commissioner as follows: On or before September 1 of each year, the total wages reported by subject employers under the Kentucky Unemployment Insurance Law for the preceding calendar year shall be divided by the average monthly number of insured workers (determined by dividing the total number of insured workers reported for the preceding year by twelve (12)). The average annual wage thus obtained shall be divided by fifty-two (52) and the average weekly wage thus determined rounded to the nearest cent. The average weekly wage shall be certified to the commissioner by the Education and Labor Cabinet in a manner prescribed by the commissioner by administrative regulation. The average weekly wage as so determined shall be applicable for the full period during which income or death benefits are payable, when the date of occurrence of injury or of disability in the case of disease, or of death, falls within the calendar year commencing January 1 following the September 1 determination. Whenever a change in the average weekly wage of the state is of such amount that the minimum weekly income benefits for total disability or for death are increased or decreased by one dollar ($1) or more, or the maximum weekly income benefits for total disability or for death are increased or decreased by two dollars ($2) or more, computed in each case and rounded to the nearest dollar, an adjustment in those minimums or maximums which are affected in the requisite amount by the change in the average weekly wage of the state shall be made which will reflect this increase or decrease, but no change in such limitations shall otherwise be made. Notwithstanding the provisions of this section, KRS 342.140 and 342.740, or any other provisions of this chapter to the contrary, the average weekly wage for calendar years 1995 and 1996 shall be determined to be no higher than the average weekly wage determined by the commissioner to be in effect in the calendar year of 1994. If the average weekly wage calculated by the commissioner is determined to be lower than the 1994 calendar year wage, the average weekly wage may be lowered as provided by this section. Beginning in calendar year 1997 and annually thereafter, the average weekly wage shall be calculated based upon the state average weekly wage in effect two (2) years prior to that calculation. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 157, effective July 1, 2022. -- Amended 2010 Ky. Acts ch. 24, sec. 1793, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 11, sec. 81, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 211, sec. 158, effective July 12, 2006. -- Amended 1996 Ky. Acts ch. 271, sec. 24, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 181, Part 7, sec. 29, effective April 4, 1994. -- Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 17, effective January 4, 1988. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(14). -- Amended 1964 Ky. Acts ch. 192, sec. 14(2). -- Created 1946 Ky. Acts ch. 37, sec. 7.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1967–2026 · leading case: Maggard v. Int'l Harvester Co., 508 S.W.2d 777 (Ky. Ct. App. 1974).

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Maggard v. Int'l Harvester Co., 508 S.W.2d 777 (Ky. Ct. App. 1974). · cites it 3× “095 of the then-present law provided: “The maximum basic weekly income benefit for total disability shall not exceed 55% of 85% of the average weekly wage of the state, computed as provided in KRS 342.143 * * *.” *784 KRS 342.143 provides for the termination of a state average…”

Holman Enter. Tobacco Warehouse v. Carter, 536 S.W.2d 461 (Ky. 1976). “-140(6) as follows: “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…”

Sanchez v. Potomac Abatement, Inc., 8 A.3d 737 (Md. 2010). “34 (West 2009); Ky.Rev.Stat. Ann. § 342.143 (LexisNexis 2005); La.”

Transp. Motor Express, Inc. v. Finn, 568 S.W.2d 509 (Ky. Ct. App. 1977). “This is computed by taking 60% of the average weekly wage of the state as prescribed by KRS 342.143. In any event, this sum shall not exceed the average weekly wage of the injured employee.”

Cantrell v. Stambaugh, 420 S.W.2d 677 (Ky. Ct. App. 1967). “It should be observed that KRS 342.143 also came into force August 1, 1964, and appears to inject elements of flexibility and uniformity not heretofore contained in KRS Chapter 342.”

Pendygraft v. Ford Motor Co., 260 S.W.3d 788 (Ky. 2008). “0011(17), states as follows: 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…”

Princess Coals Inc. v. Stapleton, 435 S.W.2d 62 (Ky. Ct. App. 1968). “105 — two-thirds of his average weekly wage, nevertheless, the maximum weekly benefits are computed under KRS 342.143 and the certification of the Commissioner of Economic Security for the year of 1965 wherein the maximum weekly benefit for permanent partial disability is set at…”

Commonwealth of Kentucky, Uninsured Employers' Fund v. Kara Sidebottom A/K/A Kara Harville (Ky. 2017). “That statute defines "wages" for purposes of determining workers' compensation benefits as follows: 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…”

Tamala Harris v. Mercy Home Health (Ky. Ct. App. 2025). “140(6) defines “wages” as follows: 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…”

Tamala Harris v. Mercy Home Health (Ky. 2026). “140(6) defines “wages” as follows: 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…”

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