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
A: Yes. Workers comp considers all income - having it on your W2 just makes it easier to verify.
1 user found this answer helpful
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.
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