NY Work Comp L § 14 (2021)
2021 New York Laws WKC - Workers' Compensation Article 2 - Compensation 14 - Weekly Wages Basis of Compensation.

§ 14. Weekly wages basis of compensation. Except as otherwise provided   in this chapter, the average weekly wages of the injured employee at the   time  of  the  injury  shall be taken as the basis upon which to compute   compensation or death benefits, and shall be determined as follows:1. If the injured employee shall have  worked  in  the  employment  in   which  he  was working at the time of the accident, whether for the same   employer or not, during substantially the whole of the year  immediately   preceding his injury, his average annual earnings shall consist of three   hundred times the average daily wage or salary for a six-day worker, and   two  hundred sixty times the average daily wage or salary for a five-day   worker, which he shall have earned in such employment  during  the  days   when so employed;2.  If  the  injured employee shall not have worked in such employment   during  substantially  the  whole  of  such  year,  his  average  annual   earnings,  if a six-day worker, shall consist of three hundred times the   average daily wage or salary, and, if a five-day worker, two hundred and   sixty times the average daily wage or salary, which an employee  of  the   same class working substantially the whole of such immediately preceding   year in the same or in a similar employment in the same or a neighboring   place  shall  have  earned  in  such  employment during the days when so   employed;3. If either of the  foregoing  methods  of  arriving  at  the  annual   average  earnings of an injured employee cannot reasonably and fairly be   applied, such annual average earnings  shall  be  such  sum  as,  having   regard  to  the  previous  earnings of the injured employee and of other   employees of the same or most similar class, working in the same or most   similar employment, or other employment as defined in this  chapter,  in   the  same or neighboring locality, shall reasonably represent the annual   earning capacity of the injured employee in the employment in  which  he   was  working at the time of the accident, provided, however, his average   annual earnings shall consist of not less than  two  hundred  times  the   average  daily  wage  or  salary  which  he  shall  have  earned in such   employment during the days when so employed, further provided,  however,   that  if  the  injured employee shall have been in the military or naval   service of the United States or of the state of New York  within  twelve   months  prior  to  his injury, and his average annual earnings cannot be   fairly determined under subdivisions  one  and  two,  then  the  average   annual  earnings  shall  be  determined by multiplying his average daily   wage during the days so employed by not less than two hundred and forty;4. The average weekly wages of an employee shall  be  one-fifty-second   part of his average annual earnings;5. If it be established that the injured employee was under the age of   twenty-five  when  injured,  and  that under normal conditions his wages   would be expected to increase, that fact may be considered  in  arriving   at his average weekly wages.6.  If  the  injured employee is concurrently engaged in more than one   employment at the time of injury, the employee's  average  weekly  wages   shall  be  calculated upon the basis of wages earned from all concurrent   employments covered under this chapter. The employer in whose employment   the employee was injured shall be liable for  the  benefits  that  would   have  been  payable  if  the  employee  had had no other employment. Any   additional benefits resulting from the increase in average weekly  wages   due  to  the  employee's  concurrent employments shall be payable in the   first instance by the employer in  whose  employment  the  employee  was   injured  and  shall be reimbursed by the special disability fund created   under subdivision eight of section fifteen of this article, but only  if   such claim is presented in accordance with subparagraph two of paragraph   (h)  of  subdivision  eight  of  section  fifteen  of  this article. The    employer in whose employment the employee was injured  shall  be  liable   for all medical costs.7. The average weekly wages of a jockey, apprentice jockey or exercise   person  licensed  under  article  two or four of the racing, pari-mutuel   wagering and breeding law shall  be  computed  based  upon  all  of  the   earnings of such jockey, apprentice jockey or exercise person, including   those derived from outside of the state.