Workers' Compensation

What’s the definition of average weekly wage?

Workers' Compensation

Average weekly wage is, well, what it sounds like! It can be measured a number of different ways but the most common, and legally preferred, method is to calculate your earnings in the 52-weeks leading up to the injury date and divide that by the number of weeks you worked. Your average weekly wage includes things like overtime pay, bonuses, per diem, certain allowances, etc., and the calculation excludes certain periods of time which you may have missed from work. In our experience defendants frequently miscalculate the average weekly wage and very, very often underpay you. Many injured workers have told us that they were plainly told that workers’ compensation does not include overtime. This simply is not true. If you are being underpaid, you can petition the Industrial Commission or the Workers’ Compensation Commission to order the insurance company to pay you the correct amount. One of the first things we do is confirm your weekly benefits and take action to have those increased if you are being underpaid.

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