Average weekly wage (AWW) is your gross pay averaged over the 52 weeks before a work injury. New York workers' compensation uses it to set your cash benefit: two-thirds of your AWW, times your percentage of disability, within a weekly minimum and maximum (NYS Workers' Compensation Board). For black car and app drivers, the Black Car Fund pays this benefit "at two-thirds of your average weekly wage" (BCF).
In one sentence: AWW is the weekly pay number that your workers' comp check is built from.
What it means
The Workers' Compensation Board (WCB) explains it this way:
- It uses your earnings for the 52 weeks before the injury.
- It uses gross pay, not take-home pay, and includes overtime.
- If you usually worked five days a week: total pay ÷ days paid × 260 ÷ 52. The WCB example: $45,000 over 250 paid days gives an AWW of $900.
- Six days a week: × 300 instead of 260. Four days or seasonal: × 200 may be used.
- If you worked for more than one employer at the time, both may count ("concurrent employment").
Your benefit rate is fixed by your date of injury. The WCB says it does not go up later if new maximums are adopted.
Where it shows up for drivers
- Black car and app drivers: when you file a Black Car Fund claim for an on-the-job injury. Steps: Black Car Fund workers' comp claim. Worked examples with the cap: how much does BCF workers' comp pay?
- Livery drivers: a separate fund covers only certain serious injuries and crimes: livery driver workers' comp (ILDBF).
- On TLC paperwork: while you receive benefits, TLC has its own process for your license: can I drive while on workers' comp?
Related terms
- Black Car Fund: the insurer that is your "employer" only for workers' comp.
- Independent contractor: your status for most other purposes.
- Maximum weekly benefit: two-thirds of the New York State Average Weekly Wage, reset every July 1.
- Not the same as the $77 WAV lease credit or paid sick leave, which are pay protections, not injury benefits.
Frequently asked questions
Is average weekly wage my take-home pay?
No. The NYS Workers' Compensation Board says AWW is based on gross earnings, not take-home pay, and includes overtime.
What period is used?
The 52 weeks before the date of injury. If you worked less than a year, the Board uses other methods, such as the pay of a similar worker.
Is there a cap on what I can get?
Yes. For injuries from July 1, 2026 to June 30, 2027, the weekly maximum is $1,281.50 and the minimum is $384.45 (or your actual wages if lower).
What pay records should a black car or app driver keep?
Keep your weekly pay statements, 1099 forms and bank deposits. Ask the Black Car Fund claims team which records it uses for your claim; we did not find a published BCF rule on this.
Sources
Last reviewed against the official sources on .
- NYS Workers' Compensation Board: Calculating Your Average Weekly Wage wcb.ny.gov
- NYS Workers' Compensation Board: Schedule of Maximum Weekly Benefit wcb.ny.gov
- NYS Workers' Compensation Board: Lost Wage Benefits wcb.ny.gov
- Black Car Fund: Claimant Benefits nybcf.org
Spotted something out of date? Tell us and we'll check it against the official source.
TLC Help is not a law firm and is not affiliated with the NYC Taxi & Limousine Commission or OATH. Explanations on this site are general information, not legal advice. Legal representation is provided by independent attorneys and OATH-registered representatives in our network.