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Louisiana Revised Statute 23:1021(12)
defines "average weekly wage" in this way:
"Wages" means average weekly wage
at the time of the accident. The average weekly wage shall be determined
as follows:
(a) Hourly wages.
(i) If the employee is paid on an hourly
basis and the employee is employed for forty hours or more, his hourly
wage rate multiplied by the average actual hours worked in the four full
weeks preceding the date of the accident or forty hours, whichever is
greater; or
(ii) If the employee is paid on an
hourly basis and the employee was offered employment for forty hours or
more but regularly, and at his own discretion, works less than forty hours
per week for whatever reason, then, the average of his total earnings per
week for the four full weeks preceding the date of the accident; or
(iii) If the employee is paid on an
hourly basis and the employee is a part-time employee, his hourly wage
rate multiplied by the average actual hours worked in the four full weeks
preceding the date of the injury.
(iv) A part-time employee, as defined in
R.S. 23:1021(9) and who is employed by two or more different employers in
two or more successive employments, shall be entitled to receive benefits
as follows:
(aa) If an employee is employed by two
or more different employers in two or more successive employments and the
employee incurs a compensable injury under the provisions of this Chapter
in one of the employments, the employer in whose service the employee was
injured shall pay the benefits due the employee as provided in this
Chapter.
(bb) If the employee is a part-time
employee in one of the successive employments, is injured in that
employment, but as a result of the injury also incurs loss of income from
other successive employments, that employee shall be entitled to benefits
computed by determining wages under the provisions of this Subsection
using his hourly rate in employment at the time of injury and using the
total hours worked for all employers of the part-time employee, but not to
exceed his average, actual weekly hours worked or forty hours weekly,
whichever is less.
(v) For an employee in seasonal
employment, his annual income divided by fifty-two.
(aa) For purposes of this Subparagraph,
seasonal employment shall be any employment customarily operating only
during regularly recurring periods of less than forty-four weeks annually.
(bb) If the employee was not engaged in
the seasonal employment more than one year prior to the accident, his
annual income shall be the average annual income of other employees of the
same or most similar class working in the same or most similar employment
for the same employer or, in the event that the employee was the only
individual engaged in that specific employment, then his annual income
shall be the average annual income of other employees of the same or most
similar class working for a neighboring employer engaged in the same or
similar employment.
(b) Monthly wages. If the employee is
paid on a monthly basis, his monthly salary multiplied by twelve then
divided by fifty-two.
(c) Annual wages. If the employee is
employed at an annual salary, his annual salary divided by fifty-two.
(d) Other wages. If the employee is
employed on a unit, piecework, commission, or other basis, his gross
earnings from the employer for the twenty-six week period immediately
preceding the accident divided by the number of days the employee actually
worked for the employer during said twenty-six week period and multiplied
by the average number of days worked per week; however, if such an
employee has worked for the employer for less than a twenty-six week
period immediately preceding the accident, his gross earnings from the
employer for the period immediately preceding the accident divided by the
number of days the employee actually worked for the employer during said
period and multiplied by the average number of days worked per week.
(e) Exceptions. For municipal police
officers, additional compensation paid by the state pursuant to R.S.
33:2218.4 shall not be included in the calculation and computation of
total salary or average weekly wage to the extent such officer continues
to receive such additional compensation during the period of his
disability.
(f) Income tax. In the determination of
"wages" and the average weekly wage at the time of the accident, no amount
shall be included for any benefit or form of compensation which is not
taxable to an employee for federal income tax purposes; however, any
amount withheld by the employer to fund any nontaxable or tax-deferred
benefit provided by the employer and which was elected by the employee in
lieu of taxable earnings shall be included in the calculation of the
employee's wage and average weekly wage including but not limited to any
amount withheld by the employer to fund any health insurance benefit
provided by the employer and which was elected by the employee in lieu of
taxable earnings shall be included in the calculation of the employee's
wage and average weekly wage.
(g) Date of accident. In occupational
disease claims the date of the accident for purposes of determining the
employee's average weekly wage shall be the date of the employee's last
employment with the employer from whom benefits are claimed or the date of
his last injurious exposure to conditions in his employment, whichever
date occurs later.
More: Louisiana Workers' Compensation Wage Benefits
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