Q: If I am injured in a Mississippi Worker's Compensation Accident, how is my average weekly wage determined?

A: If you are injured in a Mississippi Worker's Compensation Accident, your average weekly wage is determined by taking the average of your wages for the 52 weeks prior to the accident.  This can get complicated and as always, we recommend you contact us directly to get an accurate answer for your Mississippi Worker's Compensation injury.  Specifically, Section 71-3-31 of the Mississippi Code provides, in pertinent part, "the basis for compensation under this chapter shall be the average weekly wages earned by the employee at the time of the injury, such wages to be determined from the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of 52 weeks immediately preceding the date of the injury divided by fifty-two."

Section 71-3-31 also states, in pertinent part, "but if the injured employee lost more than seven days during such period, although not in the same week, then the earnings for the remainder of such 52 weeks shall be divided by the number of weeks remaining after the time so lost has been deducted.  When the employment prior to the injury extended over a period of less than 52 weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee earned wages shall be followed, provided that results just and fair to both parties will thereby be obtained. Where, by reason of the shortness of time during which the employee has been in the employment of his employer, it is impracticable to compute the average weekly wages by the above method of computation, regard shall be had to the average weekly amount which, during the first fifty-two (52) weeks prior to the injury or death, was being earned by a person in the same grade, employed at the same or similar work in the community. Wherever allowances of any character are made to an employee in lieu of wages or specified as part of the wage contract, they shall be deemed a part of his earnings."