(1) For the purposes of this
title, the monthly wages the worker was receiving from all
employment at the time of injury shall be the basis upon which
compensation is computed unless otherwise provided specifically
in the statute concerned. In cases where the worker's wages are
not fixed by the month, they shall be determined by multiplying
the daily wage the worker was receiving at the time of the
injury:
(a) By five, if the worker was normally employed one day a
week;
(b) By nine, if the worker was normally employed two days a
week;
(c) By thirteen, if the worker was normally employed three
days a week;
(d) By eighteen, if the worker was normally employed four
days a week;
(e) By twenty-two, if the worker was normally employed five
days a week;
(f) By twenty-six, if the worker was normally employed six
days a week;
(g) By thirty, if the worker was normally employed seven
days a week.
The term "wages" shall include the reasonable value of
board, housing, fuel, or other consideration of like nature
received from the employer as part of the contract of hire, but
shall not include overtime pay except in cases under subsection
(2) of this section. As consideration of like nature to board,
housing, and fuel, wages shall also include the employer's
payment or contributions, or appropriate portions thereof, for
health care benefits unless the employer continues ongoing and
current payment or contributions for these benefits at the same
level as provided at the time of injury. However, tips shall
also be considered wages only to the extent such tips are
reported to the employer for federal income tax purposes. The
daily wage shall be the hourly wage multiplied by the number of
hours the worker is normally employed. The number of hours the
worker is normally employed shall be determined by the department
in a fair and reasonable manner, which may include averaging the
number of hours worked per day.
(2) In cases where (a) the worker's employment is
exclusively seasonal in nature or (b) the worker's current
employment or his or her relation to his or her employment is
essentially part-time or intermittent, the monthly wage shall be
determined by dividing by twelve the total wages earned,
including overtime, from all employment in any twelve successive
calendar months preceding the injury which fairly represent the
claimant's employment pattern.
(3) If, within the twelve months immediately preceding the
injury, the worker has received from the employer at the time of
injury a bonus as part of the contract of hire, the average
monthly value of such bonus shall be included in determining the
worker's monthly wages.
(4) In cases where a wage has not been fixed or cannot be
reasonably and fairly determined, the monthly wage shall be
computed on the basis of the usual wage paid other employees
engaged in like or similar occupations where the wages are fixed.
[2007 c 297 § 1; 1988 c 161 § 12; 1980 c 14 § 5. Prior: 1977 ex.s. c 350 § 14; 1977 ex.s. c 323 § 6; 1971 ex.s. c 289 § 14.]
NOTES:
Application -- 2007 c 297 § 1: "Section 1 of this act applies to all wage determinations issued on or after July 22, 2007." [2007 c 297 § 2.]
Severability -- Effective date -- 1977 ex.s. c 323: See notes following RCW 51.04.040.
Effective dates -- Severability -- 1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.