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RSA 281-A:15 · Computing Average Weekly Wages; After-Tax Earnings

Title
XXIII: LABOR
Chapter
281-A · WORKERS' COMPENSATION
Status
current
Official source linked
Yes
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281-A:15 Computing Average Weekly Wages; After-Tax Earnings. –

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I.

Except as provided in paragraphs II and III of this section and of RSA 281-A:32 and subject to RSA 281-A:28, 281-A:28-a and RSA 281-A:31-a, but including those persons under RSA 281-A:15, II-a, an average weekly wage shall be computed by using the method in subparagraph (a) or (b), or (c) that yields the result more favorable to the injured employee:

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(a)

By dividing the gross earnings of the injured employee in the service of the same employer during the preceding 26 weeks by that number of weeks; or

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(b)

By dividing the gross earnings of the injured employee in the service of the same employer during a period exceeding 26 weeks but not exceeding 52 weeks by the appropriate number of weeks.

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(c)

If, however, by reason of the shortness of time during which the employee has been in the employment of the employer or because of the nature or term of the employment, it is inequitable to compute the average weekly wage using the method in subparagraph (a) or (b), regard may be had to the rate of pay designated in the injured employee's agreement of employment or to the gross earnings of persons in the same grade employed at the same work by the same employer or, if there are no persons so employed, by persons of the same grade employed in the same class of employment in the same locality.

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II.

Except as provided in paragraph III, the average weekly wage for any of the following injured while on duty shall be deemed to be the average weekly wage that entitles such employee to 100 percent of the state's average weekly wage as a maximum benefit:

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(a)

Any call firefighter or special police officer, volunteer or auxiliary member of a fire or police department or ambulance or rescue service of the state or any of its political subdivisions, whether paid or not paid.

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(b)

Any paid or not paid employee as defined by RSA 281-A:2, VII(a)(4) or (5).

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(c)

Any member of the general court injured in the performance of the duties as such a member.

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(d)

Any person who is not employed and who is acting as an agent to the department of health and human services or the department of safety as described in RSA 281-A:2, VII(a)(6). II-a. Any person who is employed and who is on leave from such employment and who is acting as an agent to the department of health and human services or the department of safety as described in RSA 281-A:2, VII(a)(6) shall have his or her average weekly wage computed under paragraph I of this section.

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III.

Where the employee is employed as of the date of injury concurrently by 2 or more employers subject to this chapter and is disabled from any such employment, "average weekly wages" shall be computed on the basis of the weekly wages received by the employee from all such employers at the time of the injury. Notwithstanding paragraph II, if the computation of average weekly wage under this paragraph is more favorable to the injured employee, he shall be entitled to such amount. The employer in whose employment the employee was injured shall be liable in the first instance for payment of all benefits. Any additional compensation resulting from the increase in average weekly wages due to the employee's concurrent employment shall be reimbursed by the special fund created under RSA 281-A:55. The employer in whose employment the employee was injured shall be liable for all payments under RSA 281-A:23 and 25.

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IV.

For the purposes of calculating benefits under this chapter, "after-tax earnings" means the gross earnings of the employee determined under this section, reduced by the amount which would have been paid under the Federal Insurance Contributions Act, 26 U.S.C. sections 3101-3126 and income tax withholding, calculated on an annual basis using as the number of exemptions the lowest number of exemptions actually claimed by the employee during the 26-week period immediately preceding the date of injury, without excess itemized deductions.

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V.

The average weekly wage for national guard members shall be computed in accordance with this section, except that national guard members who are unemployed when called to state duty shall be compensated based upon their national guard rate of pay calculated in accordance with RSA 110-B:37. Source. 1988, 194:2. 1989, 294:2, 3. 1990, 254:11. 1994, 3:2, 3. 1995, 301:3. 2002, 18:1. 2003, 269:1. 2005, 191:2-4. 2007, 231:3, eff. Aug. 24, 2007.

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Source note

Source. 1988, 194:2. 1989, 294:2, 3. 1990, 254:11. 1994, 3:2, 3. 1995, 301:3. 2002, 18:1. 2003, 269:1. 2005, 191:2-4. 2007, 231:3, eff. Aug. 24, 2007.

Source history

  • 1988, 194:2
  • 1989, 294:2, 3
  • 1990, 254:11
  • 1994, 3:2, 3
  • 1995, 301:3
  • 2002, 18:1
  • 2003, 269:1
  • 2005, 191:2-4
  • 2007, 231:3, eff. Aug. 24, 2007

Related materials

Bill relationships

  • 2026 HB1705 amend · effective 2027-07-01

    e Senate and House of Representatives in General Court convened: 1 New Sections; State-Funded Employee Assistance Program for Small Communities; Establishment of Fund. Amend RSA 281-A by inserting after section 17-f the following new sections: 281-A:17-g First Responders Support Fund. There is established a first responders support fund, which shall be administered by the department of health an

  • 2026 HB1705-FN amend · effective 2027-07-01

    e Senate and House of Representatives in General Court convened: 1 New Sections; State-Funded Employee Assistance Program for Small Communities; Establishment of Fund. Amend RSA 281-A by inserting after section 17-f the following new sections: 281-A:17-g First Responders Support Fund. There is established a first responders support fund, which shall be administered by the department of health an

  • 2026 HB1761 reference · effective 2027-01-01

    hospital, hospice, or residential medical care facility, or continuing treatment by a health care provider. XXII. "Statewide average weekly wage" has the meaning as defined in RSA 281-A:15. 21-I:111-b Eligibility for benefits. Beginning January 1, 2027, a covered individual is entitled to take paid family and medical leave and to receive family and medical leave insurance benefits if the individual me

  • 2026 HB1761-FN reference · effective 2027-01-01

    hospital, hospice, or residential medical care facility, or continuing treatment by a health care provider. XXII. "Statewide average weekly wage" has the meaning as defined in RSA 281-A:15. 21-I:111-b Eligibility for benefits. Beginning January 1, 2027, a covered individual is entitled to take paid family and medical leave and to receive family and medical leave insurance benefits if the individual me

  • 2026 HB216 reference

    Retirement. Amend RSA 100-A:4, III(b) to read as follows: (b) Notwithstanding the provisions of subparagraph (a) or any other law to the contrary, any member who receives a weekly award under the provisions of RSA 281-A from the commissioner of labor, for injury arising out of and in the course of employment, shall be entitled to creditable service for said period [not in excess of one year]. To receive creditable service, a

  • 2026 HB216-FN reference

    III(b) to read as follows: (b) Notwithstanding the provisions of subparagraph (a) or any other law to the contrary, any member who receives a weekly award under the provisions of RSA 281-A from the commissioner of labor, for injury arising out of and in the course of employment, shall be entitled to creditable service for said period [not in excess of one year]. To receive creditable service, a member sha

  • 2026 SB661 reference

    d workers' compensation and unemployment compensation programs, which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments. 5-B:4-a Authority of the Secreta

  • 2026 SB661-FN reference

    d workers' compensation and unemployment compensation programs, which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments. 5-B:4-a Authority of the Secreta

  • 2025 HB2 amend

    604-A. 141:344 Workers' Compensation; First Responder's Critical Injury Benefit. Amend RSA 281-A:32-a, II to read as follows: II. Payments awarded under this section shall be subject to all other provisions of RSA 281-A. Total compensation payments for all additional compensation claims paid under this section shall not exceed $125,000 per claimant. Benefits paid under this section for all claimants shall not exceed [$500,000

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