WDCA calculator shows how little people get from workers’ compensation under 2011 legislative amendments.
We have blogged about post injury wage earning capacity (PIWEC) and calculations on several different occasions. This is when the insurance company says a person is only partially disabled and could find another job. The weekly rate gets slashed by “phantom wages” from jobs that don’t truly exist.
The problem is that insurance companies make this calculation on their own, and it does not matter whether a person has returned to work or not. Vocational counselors say jobs are available, and that is good enough for the insurance company. It is a biased and unfair process that should always be challenged in court. Just because a job is “available” does not mean a person is going to be hired.
It is hard enough to support a family on just 80% of income let alone with a reduction for post injury wage earning capacity. Keep reading for a sample PIWEC calculation and see how it devastates Michigan families. Use the WDCA calculator to explore how this terrible law can be used to reduce what you are paid.
Sample Michigan PIWEC calculation
Here is a sample Michigan PIWEC calculation:
Ricky Schneider works as a machine operator and earns $25.00 per hour. He suffers from a herniated disc in his back caused by lifting a 50-pound metal part. He must undergo lumbar fusion surgery and will be limited to a sit-down job only for at least the next 6 months. He does not have any education or training beyond high school.
His employer does not offer “light duty” and submits a claim to its insurance company to pay workers’ comp. Wage loss benefits should equal 80% of his after-tax average weekly wage or $602.84 per week (0 dependents, single tax status, 2025 DOI).
The insurance company hires a vocational counselor to perform a labor market survey. It concludes that he could get a minimum wage job as a cashier paying $12.48 per hour. His new weekly compensation rate will be $203.48 regardless of whether he finds a new job within restrictions.
Good-faith job search and how to fight back
Disabled employees who find their weekly checks reduced based upon post injury wage earning capacity are permitted to challenge the rate in court. Evidence of a good-faith job search can be used to show no employer will hire them.
It is very important to hire an experienced workers’ comp lawyer to help. The magistrate will make findings of facts and law based upon the evidence. Don’t rely upon “common sense” to rule the day.
Attorney fees are capped at a percentage of whatever is recovered and easily made up by increased settlements. Call us for a free telephone consultation and we can help!
Injured on the job in Michigan and need help with your PIWEC calculation and workers’ comp claim?
If you were injured on the job in Michigan and you have questions about the PIWEC calculation and need help with your workers’ comp claim, call now at (855) 221-2667 or fill out our contact form for a free consultation with an experienced lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from on-the-job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every workers’ comp claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
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 40 years. Call (855) 221-2667 for a free consultation today.
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