Calculation of the Compensation Rate

The weekly rate of compensation cannot be less than $30.00 for cases arising before July 1, 2027, cannot be less than $50.00  for cases arising on or after July 1, 2027, and cannot be more than the maximum compensation rate, which is adjusted annually. 

The average weekly wage is usually computed by averaging all wages earned by the employee in the employment in which the employee was injured (including overtime, paid holidays, and any special allowance for board, lodging, etc.) during the 52 weeks prior to the injury or during the number of weeks worked for the employer prior to the injury, if the employee worked for the employer less than 52 weeks prior to the injury. 

If the employee has lost more than seven consecutive calendar days at one or more times, these days are excluded from the calculation. If the employee has worked only a short time in the employment in which he or she is injured, or if for other reasons this formula does not fairly reflect earnings, the Commission may compute a fair average weekly wage for the employee as provided by the Act. If the employee is under 18 years of age, a different rate may apply (see “Minors and Incompetent Individuals”). 

If the employee is a volunteer firefighter, volunteer member of an organized rescue squad, authorized pickup firefighter, duly appointed and sworn member of an auxiliary police department, or senior member of the State Civil Air Patrol, compensation payable is calculated based on the average weekly wage that the employee was earning in the employment where he or she principally earned his or her livelihood, provided, however, that the minimum compensation payable to this employee is 66 2/3% of the maximum compensation rate for the year of injury. The compensation rate remains the same over the duration of the claim. There are no cost-of-living increases.