February 17, 2026

The Average Weekly Wage (AWW) is a critical component of any Pennsylvania workers’ compensation claim, as it determines the compensation rate paid to an injured employee as wage replacement. Questions frequently arise when an employee has worked less than thirteen calendar weeks for the employer prior to the injury.

The Pennsylvania Workers’ Compensation Act provides specific guidance in these circumstances. Where an employee has not worked a complete thirteen-week period and does not earn fixed weekly wages, the Act states:

“If the employe has worked less than a complete period of thirteen calendar weeks and does not have fixed weekly wages, the Average Weekly Wage shall be the hourly wage rate multiplied by the number of hours the employee was expected to work per week under the terms of employment.”
77 P.S. § 582(d.2).

The Pennsylvania Supreme Court has made clear that AWW calculations must be both fair and accurate. In Hannaberry HVAC v. Workers’ Compensation Appeal Board (Snyder, Jr.), 575 Pa. 66, 834 A.2d 524 (2003), and Colpetzer v. Workers’ Compensation Appeal Board (Standard Steel), 582 Pa. 295, 870 A.2d 875 (2005), the Court emphasized that AWW should reflect a claimant’s expected earnings, rather than the limited wages actually earned during a short employment period.

To achieve this fairness, the Court instructed that AWW calculations in these cases should be based on the employee’s expected pay and expected hours at the time of hire.

Practical Guidance for Employers and Claims Professionals

When calculating AWW for employees who have worked fewer than thirteen weeks, claims professionals should rely on objective evidence of the employee’s expected work schedule and wage rate. This information is often best obtained through:

• A written job offer letter, or
• A written statement from the individual responsible for hiring, confirming the expected hourly rate and anticipated weekly hours.

Using this approach helps ensure compliance with the Act, aligns with Pennsylvania Supreme Court precedent, and promotes fairness to both employers and claimants.

For questions regarding AWW calculations or other Workers’ Compensation matters, please contact Bret R. Goldstein at bgoldstein@regerlaw.com or 215-495-6500.