Lost wages for short term employees in Michigan and how to double check insurance company math.
Our law firm founder, Alex Berman, had an interesting situation come across his desk last week. A client was concerned that his weekly checks were incorrect. He was only employed for a few hours when a terrible work accident occurred. The insurance company was paying benefits voluntarily but the amount was very small.
It does not matter how long an individual has worked for a company. A person could work less than a minute and still be entitled to workers comp.
Wage loss benefits for short term employees are easily calculated but often paid at the wrong rate. Insurance companies make mistakes and they are never in your favor.
How to calculate lost wages
Wage loss benefits are paid every week based upon after-tax average weekly wage. The weekly rate should equal approximately 80% of this amount.
The normal calculation starts by adding up the highest 39 paid weeks in the 52 before you got hurt. Divide this number by 39 to get an average amount. Remember to include overtime and bonuses.
If you worked less than 39 weeks, calculate the average weekly wage by adding together all of your paid weeks and dividing by total weeks.
When a person is a short term employee and worked less than 1 week, calculate average weekly wage by multiplying hourly rate and expected hours.
Most workers comp lawyers will do a free weekly rate check. This requires obtaining actual wage records but can be accomplished if you have pay stubs. There is a 1 year back rule so don’t wait or you could be giving up substantial benefits.
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.