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COMPENSATION

1. Average Weekly Wage

Almost all payments of compensation due under the workers compensation case will be dictated at least in part by the average weekly wage of the employee.  Average weekly wage is determined by calculating the wages, tips and additional reasonable value of housing or rent, meals or other benefits.  Fringe benefits are not included in the calculation of average weekly wage.  The fringe benefits not included in the calculation would be pension benefits, insurance benefits.  Careful scrutiny should be given to determining what if any additional benefits should be claim in computing the average weekly wage of the injured worker. The Commissioners have some latitude in amending the average weekly wage as the claim develops and more about the injury and effects of the injury are discovered. 

2. Employees having more than one job

As a general rule, in the State of Maryland injured workers are not permitted to “stack” wages from multiple jobs in determining their average weekly wage.  In certain cases, an employee that is determined to be have a serious disability or permanent total disability can have their average weekly wage amended to reflect the higher average weekly wage of the two jobs.