How to make sure you are getting the correct amount and problems with the average weekly wage calculation.
Getting hurt at work can turn your life upside down. This is especially true for individuals who are living paycheck to paycheck. We understand these challenges and want to help explain your legal rights.
Michigan workers’ comp is designed to pay benefits to people who cannot work. The amount paid depends upon your income before getting hurt.
Disabled employees can generally expect 80% of their after-tax average weekly wage. This is calculated by averaging the highest 39 paid weeks in the year before injury.
But what happens when the insurance company makes an error? Here are some reasons you might be getting less than you deserve.
Overtime, bonuses, premium pay, discontinued fringe benefits not included
It is important to include overtime, bonuses, premium pay, and discontinued fringe benefits in the average weekly wage calculation. This can dramatically increase how much a person receives from workers’ comp.
Started a new position with same employer
Sometimes employees are temporarily laid off or transferred to a new location/job. Insurance companies will try to restart the 39-week period and this can be to your disadvantage.
Insurance carrier estimates wages
You average weekly wage should not be estimated based upon hourly rate or hours worked. Actual wage records must be obtained from your employer. We have seen clients get short changed by hundreds each week because wage records are simply missing.
Math is just wrong
Insurance companies make mistakes and they are never in your favor. Having an experienced workers’ comp lawyer check the math can result in a much higher weekly rate. It also means a larger settlement.
Income from a second job should also be included in the average weekly wage calculation. This is very important for people who are currently disabled from all employment.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (855) 221-2667 for a free consultation today.
Photo courtesy of Creative Commons, by 401(K) 2013.Tags: Average Weekly Wage, AWW, Michigan workers comp lawyers