Full Weekly Wage (FWW)

 

General Information on Earnings to Include or Exclude

When setting the FWW, include all earnings from all employers from whom the injured worker was employed at the time of injury.

 

RC 4123.61   states that the first 12 weeks of Temporary Total (TT) compensation is based on the FWW of the injured worker at the time of the injury or at the date of disability due to the occupational disease begins.  Temporary total benefits after the first 12 weeks and permanency benefits are based on the AWW.

 

For injured workers who have been continuously employed for six weeks prior to the date of injury or who worked for at least seven days prior to the date of injury, the FWW is the higher amount of:

 

·         The gross wages (including overtime pay) for the six weeks (42 days) prior to the date of injury/disability, divided by six or

 

·         The gross wages earned (excluding overtime pay) for the seven days (last pay period) prior to date of injury/disability.

 

For injured workers who have not been continuously employed for the six week period prior to the date of injury and who have not worked for at least seven days prior to the date of injury, the FWW is the hourly rate multiplied by the number of hours the injured worker was scheduled to work the week the injury occurred.  (i.e., wage = hourly rate X number of hours scheduled)

 

Note: the CSS is required to document in notes, the circumstances that required the use of hourly wages for FWW and the details of the calculation used for setting FWW.

 

Bonuses and Special Circumstances

Bonuses are not usually included in the FWW calculation.  FWW is based on wages over a limited period of time (7 days or 6 weeks prior to date of injury).  Bonuses are usually based on earnings over a period of time in the past.  The usage of bonuses is determined on a case by case basis and considered when determining substantial justice to the injured worker.

 

When setting FWW, it is not appropriate to apply the special circumstances according toRC 4123.61 .

 

Wages paid One Time per week

What Earnings to Include & Exclude

For injured workers who have been continuously employed for six weeks prior to the date of injury or who worked for at least seven days prior to the date of injury, the FWW is the higher amount of:

 

·         The gross wages (including overtime pay) for the six weeks (42 days) prior to the date of injury/disability, divided by six or

 

·         The gross wages earned (excluding overtime pay) for the seven days (last pay period) prior to date of injury/disability.

 

Enter in V3

Set FWW wages in V3 by clicking on Comp then wages.  The Wage Employer Selection window will appear.  Click on wages then enter total wages earned for the 6 weeks prior to the date of injury.  Then enter wages for seven days prior to the date of injury excluding overtime.  Then click OK.

 

As a cross check in V3, wages will also be entered by clicking add, select regular for type of wages, then frequency.  Then select the FWW button, enter the end date and gross wages for the last pay period worked and V3 will enter all subsequent periods appropriate to the frequency selected.  After each period is entered click on the apply button and the next end date will populate.  Click OK, then click calculate.  V3 will then determine the FWW by selecting the higher of 6 weeks wages or the wages 7 days prior to the date of injury.

 

When the FWW is calculated in Version 3, both the FWW and AWW boxes must be checked in order for the first six weeks to be included in both FWW and AWW calculations.

 

Wages paid every Two weeks

What Earnings to Include & Exclude

For injured workers who have been continuously employed for six weeks prior to the date of injury or who worked for at least seven days prior to the date of injury, the FWW is the higher amount of:

 

·         The gross wages (including overtime pay) for the six weeks (42 days) prior to the date of injury/disability, divided by six or

 

·         The gross wages earned (excluding overtime pay) for the seven days (last pay period) prior to date of injury/disability.

 

Work Around for the 7 days prior wage

To calculate wages for the 7 days prior to the date of injury, take the pay stub for the 2 weeks prior to the date of injury, deduct overtime and then divide by 2.  Note: the CSS is required to document the figures and results of this calculation in V3 notes.

 

Enter in V3

Set FWW wages in V3 by clicking on Comp then wages. The Wage Employer Selection window will appear. Click on wages then enter total wages earned for the 6 weeks prior to the date of injury.  Then enter wages for seven days prior to the date of injury excluding overtime (see work around above).  Click OK, then click calculate.  V3 will then determine the FWW by selecting the higher of 6 weeks wages or the wages 7 days prior to the date of injury.

 

When the FWW is calculated in Version 3, both the FWW and AWW boxes must be checked in order for the first six weeks to be included in both FWW and AWW calculations.

 

Wages paid Two Times per month

What to Include & Exclude

Wages paid bi-monthly will be set at the higher amount of gross wages six weeks prior to the date of injury including overtime, or gross wages for at least seven days prior to the date of injury excluding overtime.

 

Work Around for Six week wages and & 7 days prior wage

To calculate wages for the 7 days prior to the date of injury, take the pay stub for the 2 weeks prior to the date of injury, deduct any known overtime and then divide by the number of days included in the pay period.  Multiply this figure by 7 for the 7 days prior wage.

 

To calculate the six week wages, add wages for three pay periods prior to the date of injury, divide by the number of days (45, 46, or 47) in the pay period.  Multiply this figure by seven.  Multiply this amount by 6 for six week wage.

 

Note: the CSS is required to document the figures and results of this calculation in V3 notes.

Enter in V3

Set FWW wages in V3 by clicking on Comp then wages. The Wage Employer Selection window will appear.  Click on wages then enter total wages earned for the 6 weeks prior to the date of injury.  Then enter wages for seven days prior to the date of injury excluding overtime.  Click OK, then click calculate.  V3 will then determine the FWW by selecting the higher of 6 weeks wages or the wages 7 days prior to the date of injury.

 

When the FWW is calculated in Version 3, both the FWW and AWW boxes must be checked in order for the first six weeks to be included in both FWW and AWW calculations.

 

Wages paid One time per month

What Earnings to Include & Exclude

Wages paid monthly will be set at the higher amount of gross wages six weeks prior to the date of injury including overtime, or gross wages for at least seven days prior to the date of injury excluding overtime.

 

Work Around for Six week wages and & 7 days prior wage

To calculate wages for the six week wage, add wages for two months prior to the date of injury, divide the amount by the number of days (60, 61,or 62) in the pay period.  Multiply that figure by seven.  Then multiply that figure by 6.  Overtime is included

 

To calculate wages for the 7 days prior to the date of injury, add wages for the month prior to the date of injury and deduct any known overtime.  Divide this amount by the number of days (28, 29, 30 or 31) in the pay period.  Multiply that figure by seven.

 

Note: the CSS is required to document the figures and results of this calculation in V3 notes.

 

Enter in V3

Set FWW wages in V3 by clicking on Comp then wages. The Wage Employer Selection window will appear. Click on wages then enter total wages earned for the 6 weeks prior to the date of injury.  Then enter wages for seven days prior to the date of injury excluding overtime.  Click OK, then click calculate.  V3 will then determine the FWW by selecting the higher of 6 weeks wages or the wages 7 days prior to the date of injury.

 

When the FWW is calculated in Version 3, both the FWW and AWW boxes must be checked in order for the first six weeks to be included in both FWW and AWW calculations.

 

Wages paid One time every Three months

What Earnings to Include & Exclude

Wages paid quarterly will be set at the higher amount of gross wages six weeks prior to the date of injury including overtime, or gross wages for at least seven days prior to the date of injury excluding overtime.

 

Work Around for Six week wages and & 7 days prior wage

To calculate wages for the 7 days prior to the date of injury, add wages for the three months prior to the date of injury and deduct any known overtime.  Divide this amount by the number of days (90, 91,or 92) in the pay period.  Multiply that figure by seven for the 7 days prior wage.

 

To calculate the 6 week wages, multiply the weekly rate above, by 6.  Overtime is included.

 

Note: the CSS is required to document the figures and results of this calculation in V3 notes.

 

Enter in V3

Set FWW wages in V3 by clicking on Comp then wages. The Wage Employer Selection window will appear. Click on wages then enter total wages earned for the 6 weeks prior to the date of injury.  Then enter wages for seven days prior to the date of injury excluding overtime.  Click OK, then click calculate.  V3 will then determine the FWW by selecting the higher of 6 weeks wages or the wages 7 days prior to the date of injury.

 

When the FWW is calculated in Version 3, both the FWW and AWW boxes must be checked in order for the first six weeks to be included in both FWW and AWW calculations.

 

Wage information from tax forms (W-2, 1099, etc.)

What Earnings to Include & Exclude

Wages reported using annual taxation forms will be set at the higher amount of gross wages six weeks prior to the date of injury including overtime, or gross wages for at least seven days prior to the date of injury excluding overtime.

 

Work Around for Six week wages and & 7 days prior wage

To calculate wages for the 7 days prior to the date of injury, add wages for the year and deduct any known overtime.  Divide the total by 365.  Multiply that figure by seven for the 7 days prior wage.

 

To calculate the 6 week wages, multiply the weekly rate above, by 6.  Overtime is included.

 

Note: the CSS is required to document the figures and results of this calculation in V3 notes.

 

Enter in V3

Set FWW wages in V3 by clicking on Comp then wages. The Wage Employer Selection window will appear. Click on wages then enter total wages earned for the 6 weeks prior to the date of injury.  Then enter wages for seven days prior to the date of injury excluding overtime.  Click OK, then calculate.  V3 when then determine the FWW by selecting the higher of 6 weeks wages or the wages 7 days prior to the date of injury.

 

When the FWW is calculated in Version 3, both the FWW and AWW boxes must be checked in order for the first six weeks to be included in both FWW and AWW calculations.

 

No Wage Information Available

What to Include & Exclude

If the CSS is unable to obtain any wage information, the injured worker’s FWW is tentatively set at the Statewide Minimum wage for the injury year (i.e., 2006 FWW minimum = $234.67).

How to Calculate

·         Use TT min column for year of injury from compensation rate chart.

Enter in V3

The CSS will enter the FWW minimum rate for the year of injury in the FWW box for 7 days prior.  V3 will then calculate the FWW at the statewide minimum rate.  This method is preferred to using the over ride function as it allows V3 to retain the calculation function.  The CSS is required to document in V3 notes, the details of this and any other alternative methods of setting wages.