How Are Weekly Workers’ Compensation Benefits Calculated?
March 3, 2020
Weekly workers’ compensation benefits are paid to workers that suffer from work-related injuries that are too severe to work, temporarily or permanently. It’s important to know that the amount of weekly workers’ compensation for a work-related injury is different than your Average Weekly Wage (AWW). An AWW would be the amount of money that you would be making if you were still working in the same position prior to your injury. In terms of workers’ compensation benefits, your AWW is used to determine the employee’s rate of partial or permanent disability.
Some other factors affect the amount of workers’ comp you receive each week as well. Contact experienced workers’ comp attorney Larry Pitt for your free consultation – we don’t get paid until you do!
How Do I Calculate My Average Weekly Workers’ Comp Wage?
The standard way that workers comp benefits are determined is by multiplying an employee’s daily wage by the number of days worked that year. That number is then divided by 52, the number of weeks in a year, and the result is the AWW. However, this may change based on a few other factors, such as whether or not the employee was working full time in the same industry for a whole year or not and if the employee is a seasonal or temporary worker. These scenarios will require a different equation to determine an employee’s workers’ compensation weekly wage.
Your Degree of Disability Matters
The amount of workers’ comp you receive weekly depends on your degree of disability as well as your AWW and the aforementioned factors.
If you are partially disabled, your weekly pay is a percentage of your AWW after an earnings cap reduces it. It’s also important to note that each state has a different maximum weekly rate.
Temporary Partial Disability
Employees that are unable to return to the job that they had before their injury, but are still capable of working to some degree, may qualify for temporary partial disability. This will amount to ⅔ of the difference between what they earned at their job prior to their work-related injury and what they are currently making at their new job.
Temporary Total Disability
Employees that are unable to work due to their work-related injury will be considered to have a temporary total disability and should receive ⅔ of their AWW to a cap that is set by his or her state’s Department of Labor and Industry.
Permanent Partial Disability
If a doctor chosen by the employer’s insurance determines that a worker has a partial disability, the employee may receive ⅔ of the difference between their current and pre-work injury wages.
Permanent Total Disability
Permanent total disability is a disability that leaves an employee unable to return to any employment. An independent medical examination chosen by the employer’s insurance company will determine if the employee is totally or partially disabled, as well as what kind of work, if any, he or she will be able to do.
If you are totally disabled, your workers’ compensation will pay you ⅔ of your AWW, up to a certain amount, which is based on the date of the injury.
Contact the Larry Pitt Law Firm To Learn More
If you have any questions or concerns about receiving the correct average weekly workers’ comp, reach out to our team of experienced workers’ comp lawyers today. We have helped thousands of people get the compensation they deserve; you can reach us at (215) 546-0011.