State Codes and Statutes
Statutes > Utah > Title-34a > Chapter-02 > 34a-2-40934A-2-409. Average weekly wage -- Basis of computation.
(1) Except as otherwise provided in this chapter or Chapter 3, Utah Occupational DiseaseAct, the average weekly wage of the injured employee at the time of the injury is the basis uponwhich to compute the weekly compensation rate and shall be determined as follows:
(a) if at the time of the injury the wages are fixed by the year, the average weekly wageshall be that yearly wage divided by 52;
(b) if at the time of the injury the wages are fixed by the month, the average weekly wageshall be that monthly wage divided by 4-1/3;
(c) if at the time of the injury the wages are fixed by the week, that amount shall be theaverage weekly wage;
(d) if at the time of the injury the wages are fixed by the day, the weekly wage shall bedetermined by multiplying the daily wage by the greater of:
(i) the number of days and fraction of days in the week during which the employee undera contract of hire was working at the time of the accident, or would have worked if the accidenthad not intervened; or
(ii) three days;
(e) if at the time of the injury the wages are fixed by the hour, the average weekly wageshall be determined by multiplying the hourly rate by the greater of:
(i) the number of hours the employee would have worked for the week if the accident hadnot intervened; or
(ii) 20 hours;
(f) if at the time of the injury the hourly wage has not been fixed or cannot be ascertained,the average weekly wage for the purpose of calculating compensation shall be the usual wage forsimilar services where those services are rendered by paid employees;
(g) (i) if at the time of the injury the wages are fixed by the output of the employee, theaverage weekly wage shall be the wage most favorable to the employee computed by dividing by13 the wages, not including overtime or premium pay, of the employee earned through thatemployer in the first, second, third, or fourth period of 13 consecutive calendar weeks in the 52weeks immediately preceding the injury; or
(ii) if the employee has been employed by that employer less than 13 calendar weeksimmediately preceding the injury, the employee's average weekly wage shall be computed asunder Subsection (1)(g)(i), presuming the wages, not including overtime or premium pay, to bethe amount the employee would have earned had the employee been so employed for the full 13calendar weeks immediately preceding the injury and had worked, when work was available toother employees, in a similar occupation.
(2) If none of the methods in Subsection (1) will fairly determine the average weeklywage in a particular case, the commission shall use such other method as will, based on the factspresented, fairly determine the employee's average weekly wage.
(3) When the average weekly wage of the injured employee at the time of the injury isdetermined in accordance with this section, it shall be taken as the basis upon which to computethe weekly compensation rate. After the weekly compensation is computed, it shall be roundedto the nearest dollar.
(4) If it is established that the injured employee was of such age and experience wheninjured that under natural conditions the employee's wages would be expected to increase, thatfact may be considered in arriving at the employee's average weekly wage.
Renumbered and Amended by Chapter 375, 1997 General Session
