Brea, CA asked in Workers' Compensation for California

Q: My tips are taxed and show on my pay stubs. They are also on my W-2. Will they be considered for my workman’s comp.

My checks are often 0 after all of the taxes paid on my tips. I am in California

Related Topics:
2 Lawyer Answers
Tim Rose
PREMIUM
Tim Rose
Answered
  • Workers' Compensation Lawyer
  • Lehi, UT

A: Yes. Workers comp considers all income - having it on your W2 just makes it easier to verify.

1 user found this answer helpful

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: YIKES! If your checks are 0 you've got to revisit you withholding numbers with payroll!!! The California Labor Code just state "Average Weekly Earnings AT THE TIME OF INJURY" and the judges do that BEFORE DEDUCTIONS. So you add up Wages AND Tips before taxes/deductions. Many times the HR or Payroll person tells the Insurance Adjuster the wrong information, maybe just the hourly wage and the average hours. The code requires that you get a letter explaining how the Temporary Disability Rate was calculated. IF the employer fails to report your Tip Income to the INsurance Adjuster, you need to provide evidence of the Tip Income (copies of W2 are fine) to the adjuster with a written demand for the missing money. Of course if you had a seasoned comp attorney, you wouldn't have to do or worry about that; that is the lawyer's job.

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.