How Is an Injured Worker’s Average Weekly Wage Calculated in North Carolina Workers’ Compensation? The 5 Methods Under NC Law

If you’ve been injured on the job in North Carolina, your Average Weekly Wage (AWW) is one of the most important numbers in your workers’ comp claim. It directly determines your weekly compensation rate—typically 66⅔% (two-thirds) of your AWW, subject to the annual maximum and minimum set by the North Carolina Industrial Commission.

North Carolina law spells out exactly how the AWW must be calculated in N.C. Gen. Stat. § 97-2(5). There are five methods, applied in strict order of preference. The goal is always to produce a result that is “fair and just” to both the injured worker and the employer and that most closely reflects what you would have earned had you not been injured.

Here are the five methods:

• Full 52 weeks with no extended absences You worked for the same employer for at least 52 weeks before the injury and did not lose more than seven consecutive calendar days at any time. Calculation: Total wages earned in those 52 weeks ÷ 52 = your AWW.
• Full 52 weeks but with absences longer than 7 days You worked 52 weeks, but you had one or more periods of more than seven consecutive days off (even if not in the same week). Calculation: Total wages earned in the 52 weeks ÷ (the number of weeks remaining after deducting each full week of lost time) = your AWW.
• Employed fewer than 52 weeks You had not worked for this employer a full 52 weeks before the injury. Calculation: Total wages earned during the actual time you worked ÷ the number of weeks and fractional weeks you worked (provided the result is fair and just to both parties).
• Short-term or casual employment Method 3 would be impractical because your employment was too short or too casual. Calculation: Use the average weekly wage earned by a person of the same grade and character doing the same class of work in the same locality or community.
• Exceptional reasons (the “catch-all” method) None of the first four methods would produce a fair result for you or the employer. Calculation: Any other method that will most nearly approximate the amount you would have been earning had you not been injured. This is commonly used for seasonal workers, sole proprietors, changing wages, per diems that count as wages, or other unique situations.

Key facts every injured North Carolina worker should know:

• Overtime, bonuses, paid holidays, and certain allowances (including per diems specified as part of the wage contract) are included.
• The calculation is based only on earnings in the employment where you were injured.
• The Industrial Commission uses Form 22 to document and calculate the AWW.
• The correct method can dramatically affect your weekly check and your total benefits.

If your employer or the insurance carrier is using the wrong method—or low-balling your AWW—you may be leaving significant money on the table. Always have an experienced North Carolina workers’ compensation attorney review your Form 22 and earnings records.

Need help with your North Carolina workers’ comp claim? The right AWW calculation can make a huge difference in what you ultimately receive.

Proudly serving injured workers across North Carolina #NCWorkersComp #AverageWeeklyWage #InjuredWorker #NorthCarolinaWorkersCompensation #WorkersCompNC #NCIndustrialCommission

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Contact Bowman Law PLLC today for a free, no-obligation consultation. We proudly serve clients from our offices in Winston-Salem and Raleigh, and we’re available 24/7. Call (336) 470-0177 or visit carolinacompensation.com to schedule online.

Joe Bowman, Board Certified Specialist in Workers’ Compensation Law

Bowman Law PLLC

This article is for educational purposes only and is not legal advice. Laws can change; always consult an attorney for your specific situation.