Am I Getting Paid the Right Amount for My Workers Compensation Claim?
When you sustain a workers compensation injury there are many issues that you will be wondering about. One of the main issues, in addition when will you be better and your medical bills being paid, is whether the workers compensation insurance carrier is paying you the correct amount. The amount your are being paid is called the workers compensation rate, and the rate is based off your average weekly wage. The insurance company calculated your rate and average weekly wage based upon one of several different methods.
If you worked for your employer for more than a three consecutive periods of 13 calendar weeks before your workers compensation injury, the insurance should have calculated your average weekly wage by averaging the three highest quarters of your tenure that immediately precedes your injury, and averaging the weekly wage of the three highest quarters. Any bonuses earned during the year are also included in the calculation.
If you worked for your employer less than a full year before the work injury, your average weekly wage is determined by dividing by 13 the total wages earned for any completed period of 13 weeks immediately preceding the workers compensation injury. If you worked less than a full 13 week period immediately before your workers compensation injury, then your average weekly wage will most likely be your hourly rate multiplied by the number of hours you were expected to work. However in some cases, your average weekly wage may increase if unique circumstances exist.
Although many workers compensation claimants earn approximately two-thirds of the calculated average weekly wage, depending on where your average weekly wage falls on a yearly scale, the amount your receive could be as much as 90% of the average weekly wage or as little as the maximum compensation rate for the in which you were injured. To determine if you are receiving the correct compensation from your claim, have an experienced workers compensation lawyer review your case.
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