N.Y. Laws » CHAPTER Workers' Compensation / ARTICLE Compensation
New York Consolidated Laws

N.Y. Workers' Compensation Law § 14 (2026)

Weekly wages basis of compensation

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 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.
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2006–2024 · leading case: Matter of Thompson v. Hayduscko, 185 A.D.3d 1327 (N.Y. App. Div. 3d Dep't 2020).
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Matter of Thompson v. Hayduscko, 185 A.D.3d 1327 (N.Y. App. Div. 3d Dep't 2020). · cites it 3× “Healthcare, the Board held in abeyance the issue of concurrent employment ( see Workers' Compensation Law § 14 [6]). Additional hearings were held in May and June 2009, after which the matter was repeatedly continued pending resolution of claimant's third-party civil action.”
Claim of Carter v. Von Roll Isola, USA, Inc., 25 A.D.3d 987 (N.Y. App. Div. 3d Dep't 2006). · cites it 2× “The Workers’ Compensation Law permits a claimant who holds multiple jobs at the time of his or her compensable injury to recover average weekly wages “calculated upon the basis of wages earned from all concurrent employments” (Workers' Compensation Law § 14 [6]; see Matter of…”
Matter of Jones v. Burrell Orchards, Inc., 184 A.D.3d 919 (N.Y. App. Div. 3d Dep't 2020). “Footnote 2: We also note that, inasmuch as the limited duration of decedent's employment prior to his injury requires that the average weekly wage be calculated based upon the wages of a similarly employed worker ( see Workers' Compensation Law § 14 [2]; Matter of Sacco v Mast…”
Matter of Molina v. Icon Parking LLC, 176 A.D.3d 1362 (N.Y. App. Div. 3d Dep't 2019). · cites it 12× “Upon that review, the Workers' Compensation Board determined that claimant's average weekly wage should have been calculated pursuant to Workers' Compensation Law § 14 (3), using a 200 multiplier, and that, so calculated, claimant's average weekly wage was $598.”
Matter of Foster v. FedEx Frgt. Inc., 188 A.D.3d 1378 (N.Y. App. Div. 3d Dep't 2020). · cites it 11× “37 using the 260 multiple because claimant worked substantially the whole of the year immediately preceding the injury as a five-day worker ( see Workers' Compensation Law § 14 [1]). The employer and its third-party administrator interposed an exception and sought administrative…”
Matter of Bain v. New Caps, LLC, 2018 NY Slip Op 369 (N.Y. App. Div. 3d Dep't 2018). · cites it 4× “The Workers' Compensation Board, finding that claimant had worked for the employer for 16 days in the preceding 52-week period and noting the absence of proof that [*2]claimant was not fully available for employment, used the 200 multiplier set forth in Workers' Compensation Law…”
Matter of Bakerian v. Washington Cnty., 212 A.D.3d 969 (N.Y. App. Div. 3d Dep't 2023). · cites it 3× “Appeal from a decision of the Workers' Compensation Board, filed May 3, 2021, which denied claimant's request for a hearing to consider, among other things, future wage expectancy pursuant to Workers' Compensation Law § 14 (5) and an award for protracted healing periods.”
Matter of Lamont v. Superior Ambulance Serv. Inc., 232 A.D.3d 1077 (N.Y. App. Div. 3d Dep't 2024). “, 140 AD3d 1568, 1569 [3d Dept 2016], citing Workers' Compensation Law § 14; accord Matter of Reid v National Grid , 222 AD3d at 1121 ), and "disablement from an occupational disease is treated as the happening of the accident" ( Matter of Reid v National Grid , 222 AD3d at 1121…”
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