South Carolina Workers’ Compensation Weekly Check Mistakes
One of the most common mistakes (assuming the employer or insurance adjuster didn’t do it intentionally) is that the injured workers’ weekly wage is wrong. Out of the times this figure is incorrect, I would estimate that 99% of the time it is incorrect to the benefit of the insurance carrier. This means that the worker is getting less money per week than they should be.
How to Calculate a Workman Comp Weekly Wage
When you are injured on the job and taken out of work or on work restrictions that your employer cannot accommodate, then you may be entitled to a weekly check while you are out. If you become entitled to such a check it is import to know how to calculate these wages. Your workers comp weekly compensation rate is calculated at the rate of 66 2/3 percent of your average weekly wage based on the four quarters prior to your injury, not including the quarter in which you were injured. There is a maximum figure for each for each year. So by way of example, if your injury date was April 5, 2018 then the wages used would be the first quarter in 2018 and the 2nd, 3rd and 4th quarters in 2017 divided by the actual number of weeks worked.
Common Errors or Tactics to Lower your Weekly Wage
Sometimes we see errors and/or tactics used to lower the injured workers weekly wage. The first error we see is when your wages are divided by a full year or 52 weeks. The law is that your wages should be divided by the actual weeks worked so if you didn’t work 52 weeks then they shouldn’t divide it by 52 weeks. If they do, it lowers your weekly wage.
The second common thing we see is that the employer uses wages AFTER taxes. That is not the law. The law is that it is your gross wages BEFORE taxes. If they use after tax figures then your weekly wage will be lower and wrong.
The third common mistake we see is not adding in overtime, bonuses, and other wages. When calculating your weekly wage tall of your wages should be used.
The fourth most common mistake we use is when the injured worker worked two jobs at the time of the injury. If that is the case then BOTH jobs wages should be used.
Why Your Work Comp Check Wage is Important
Other than the obvious you want the highest out of work check you can get, this number also is one of the main figures that goes into the value of your claim or settlement. The higher the wage, the higher your settlement will be generally.
Free Consultation With a Greenville, Anderson, Spartanburg Workers Compensation Lawyer
If you have been injured or have concerns about your weekly check, Ryan Montgomery Attorney at Law, LLC offers FREE consultations to discuss your claim. In addition to that if you hire the law firm, there is NO ATTORNEY FEE if there is no recovery on your case. For your free meeting contact us now!