---
kind: "section"
citation: "33 U.S.C. § 910"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "910"
heading: "Determination of pay"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/910"
units:
  - "Chapter 18 — Longshore and Harbor Workers’ Compensation"
---

# §910. Determination of pay


Except as otherwise provided in this chapter, the average weekly wage of the injured [employee](/usc/33/902.md?p=3) at the time of the [injury](/usc/33/902.md?p=2) shall be taken as the basis upon which to compute [compensation](/usc/33/902.md?p=12) and shall be determined as follows:

- (a) If the injured [employee](/usc/33/902.md?p=3) shall have worked in the employment in which he was working at the time of the [injury](/usc/33/902.md?p=2), whether for the same or another [employer](/usc/33/902.md?p=4), during substantially the whole of the year immediately preceding his [injury](/usc/33/902.md?p=2), his average annual earnings shall consist of three hundred times the average daily wage or salary for a six-day worker and two hundred and 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.
- (b) If the injured [employee](/usc/33/902.md?p=3) 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](/usc/33/902.md?p=3) of the same class working substantially the whole of such immediately preceding year in the same or in similar employment in the same or a neighboring place shall have earned in such employment during the days when so employed.
- (c) If either of the foregoing methods of arriving at the average annual earnings of the injured [employee](/usc/33/902.md?p=3) cannot reasonably and fairly be applied, such average annual earnings shall be such sum as, having regard to the previous earnings of the injured [employee](/usc/33/902.md?p=3) in the employment in which he was working at the time of the [injury](/usc/33/902.md?p=2), and of other [employees](/usc/33/902.md?p=3) of the same or most similar class working in the same or most similar employment in the same or neighboring locality, or other employment of such [employee](/usc/33/902.md?p=3), including the reasonable value of the services of the [employee](/usc/33/902.md?p=3) if engaged in self-employment, shall reasonably represent the annual earning capacity of the injured [employee](/usc/33/902.md?p=3).
- (d)
  - (1) The average weekly [wages](/usc/33/902.md?p=13) of an [employee](/usc/33/902.md?p=3) shall be one fifty-second part of his average annual earnings.
  - (2) Notwithstanding [paragraph (1)](#d-1), with respect to any claim based on a death or [disability](/usc/33/902.md?p=10) due to an occupational disease for which the time of [injury](/usc/33/902.md?p=2) (as determined under [subsection (i)](#i)) occurs—
    - (A) within the first year after the [employee](/usc/33/902.md?p=3) has retired, the average weekly [wages](/usc/33/902.md?p=13) shall be one fifty-second part of his average annual earnings during the 52-week period preceding retirement; or
    - (B) more than one year after the [employee](/usc/33/902.md?p=3) has retired, the average weekly wage shall be deemed to be the [national average weekly wage](/usc/33/902.md?p=19) (as determined by the [Secretary](/usc/33/902.md?p=6) pursuant to [section 906(b) of this title](/usc/33/906.md?p=b)) applicable at the time of the [injury](/usc/33/902.md?p=2).
- (e) If it be established that the injured [employee](/usc/33/902.md?p=3) was a minor when injured, and that under normal conditions his [wages](/usc/33/902.md?p=13) should be expected to increase during the period of [disability](/usc/33/902.md?p=10) the fact may be considered in arriving at his average weekly [wages](/usc/33/902.md?p=13).
- (f) Effective October 1 of each year, the [compensation](/usc/33/902.md?p=12) or death benefits payable for permanent total [disability](/usc/33/902.md?p=10) or death arising out of [injuries](/usc/33/902.md?p=2) subject to this chapter shall be increased by the lesser of—
  - (1) a percentage equal to the percentage (if any) by which the applicable national weekly wage for the period beginning on such October 1, as determined under [section 906(b) of this title](/usc/33/906.md?p=b), exceeds the applicable [national average weekly wage](/usc/33/902.md?p=19), as so determined, for the period beginning with the preceding October 1; or
  - (2) 5 per centum.
- (g) The weekly [compensation](/usc/33/902.md?p=12) after adjustment under [subsection (f)](#f) shall be fixed at the nearest dollar. No adjustment of less than $1 shall be made, but in no event shall [compensation](/usc/33/902.md?p=12) or death benefits be reduced.
- (h)
  - (1) Not later than ninety days after October 27, 1972, the [compensation](/usc/33/902.md?p=12) to which an [employee](/usc/33/902.md?p=3) or his survivor is entitled due to total permanent [disability](/usc/33/902.md?p=10) or death which commenced or occurred prior to October 27, 1972, shall be adjusted. The amount of such adjustment shall be determined in accordance with regulations of the [Secretary](/usc/33/902.md?p=6) by designating as the [employee](/usc/33/902.md?p=3)’s average weekly wage the applicable [national average weekly wage](/usc/33/902.md?p=19) determined under [section 906(b) of this title](/usc/33/906.md?p=b) and (A) computing the [compensation](/usc/33/902.md?p=12) to which such [employee](/usc/33/902.md?p=3) or survivor would be entitled if the disabling [injury](/usc/33/902.md?p=2) or death had occurred on the day following October 27, 1972, and (B) subtracting therefrom the [compensation](/usc/33/902.md?p=12) to which such [employee](/usc/33/902.md?p=3) or survivor was entitled on October 27, 1972; except that no such [employee](/usc/33/902.md?p=3) or survivor shall receive total [compensation](/usc/33/902.md?p=12) amounting to less than that to which he was entitled on October 27, 1972. Notwithstanding the foregoing sentence, where such an [employee](/usc/33/902.md?p=3) or his survivor was awarded [compensation](/usc/33/902.md?p=12) as the result of death or permanent total [disability](/usc/33/902.md?p=10) at less than the maximum rate that was provided in this chapter at the time of the [injury](/usc/33/902.md?p=2) which resulted in the death or [disability](/usc/33/902.md?p=10), then his average weekly wage shall be determined by increasing his average weekly wage at the time of such [injury](/usc/33/902.md?p=2) by the percentage which the applicable [national average weekly wage](/usc/33/902.md?p=19) has increased between the year in which the [injury](/usc/33/902.md?p=2) occurred and the first day of the first month following October 27, 1972. Where such [injury](/usc/33/902.md?p=2) occurred prior to 1947, the [Secretary](/usc/33/902.md?p=6) shall determine, on the basis of such economic data as he deems relevant, the amount by which the [employee](/usc/33/902.md?p=3)’s average weekly wage shall be increased for the pre-1947 period.
  - (2) Fifty per centum of any additional [compensation](/usc/33/902.md?p=12) or death benefit paid as a result of the adjustment required by paragraphs (1) and (3) of this subsection shall be paid out of the special fund established under [section 944 of this title](/usc/33/944.md), and 50 per centum shall be paid from appropriations.
  - (3) For the purposes of subsections [(f)](#f) and [(g)](#g) an [injury](/usc/33/902.md?p=2) which resulted in permanent total [disability](/usc/33/902.md?p=10) or death which occurred prior to October 27, 1972, shall be considered to have occurred on the day following such date.
- (i) For purposes of this section with respect to a claim for [compensation](/usc/33/902.md?p=12) for death or [disability](/usc/33/902.md?p=10) due to an occupational disease which does not immediately result in death or [disability](/usc/33/902.md?p=10), the time of [injury](/usc/33/902.md?p=2) shall be deemed to be the date on which the [employee](/usc/33/902.md?p=3) or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the relationship between the employment, the disease, and the death or [disability](/usc/33/902.md?p=10).

## Source credit

(Mar. 4, 1927, ch. 509, § 10, 44 Stat. 1431; June 24, 1948, ch. 623, § 4, 62 Stat. 603; Pub. L. 92–576, § 11, Oct. 27, 1972, 86 Stat. 1258; Pub. L. 98–426, § 10, Sept. 28, 1984, 98 Stat. 1647.)

## Notes

### Editorial Notes

### Amendments

1984—Subsec. (d). Pub. L. 98–426, § 10(a)(1), designated existing provisions as par. (1) and added par. (2).

Subsec. (f). Pub. L. 98–426, § 10(b), substituted “subject to this chapter” for “sustained after October 27, 1972,” and inserted “the lesser of—” after “by” in introductory language, designated balance of existing provisions as par. (1), substituted “; or” for a period at end of par. (1), and added par. (2).

Subsec. (i). Pub. L. 98–426, § 10(a)(2), added subsec. (i).

1972—Subsecs. (f) to (h). Pub. L. 92–576 added subsecs. (f) to (h).

1948—Subsec. (a). Act June 24, 1948, included a factor (a 260 multiplier) so as to make this subsec. useful in 5-day week employments.

Subsec. (b). Act June 24, 1948, included the new factor (a 260 multiplier) to make this subsec. consistent with subsec. (a).

Subsec. (c). Act June 24, 1948, permitted the inclusion of all earnings of the injured workman in determining the employee’s annual earning capacity.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1984 Amendment

Amendment by section 10(a) of Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, and amendment by section 10(b) of Pub. L. 98–426 effective Sept. 28, 1984, see section 28(a), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

### Effective Date of 1972 Amendment

Amendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title.

### Effective Date of 1948 Amendment

Amendment by act June 24, 1948, applicable to death or injuries occurring after June 24, 1948, see section 6 of act June 24, 1948, set out as a note under section 906 of this title.