Q: When on workmans comp how do they calculate the wages paid? Is it current wages or last years wages.
I was employed as a CNA last year and I am now an LPN with an increased salary. I was just injured at work but they are paying me last years wages not my new wages as an LPN
A: Generally speaking, if you have been employed for at least a year before the injury, your wages from the year prior to the injury are what is used. Again, generally, the wages from the year prior to the injury are divided into four quarters and the top three quarters are averaged. This gives your Average Weekly Wage (AWW). From there, the compensation rate is calculated. Since mistakes are often made by the workers' compensation insurance carrier in this area, it is always a good idea top have the calculations reviewed by an attorney Certified as a Specialist in Workers' Compensation Law, whether my firm or another of the fine attorneys on this board.
A: An injured worker's Average Weekly Wage is calculated pursuant to Section 309 of the Act. If you an hourly employee and have been employed with the same Employer for 52 weeks, or more, prior to your injury, your most recent 52 weeks of earnings were broken into 13 week "quarters" and the average of the highest 3 will be utilized for your Average Weekly Wage.
If employed less than a full year, the last . 13, 26, or 39 weeks are used to calculate the appropriate Average Weekly Wage. If employed less than 13 weeks, one looks at the Expectations of your wages as you have not worked long enough to properly calculate your Average Weekly Wage.
If you have recently received a promotion prior to your injury, more than likely your prior Wages will be significantly reducing your current earnings. If, however, you are salaried, as opposed to an hourly employee, one could argue that it is your salary, and not do the above-noted calculations.
It is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to discuss your rights and remedies. The initial consultation would be Free of Charge and most Attorneys will accept your case on a Contingent Fee Basis.
Timothy Belt agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.