The Workers’ Compensation Law is a wage replacement statute, thereby allowing injured workers to collect weekly benefits if an on-the-job injury prevents them from working. These are referred to as “lost wage benefits.”

How Much Does Workers’ Comp. Pay Per Week in Lost Wages?

Lost wage benefits typically commence within 3-4 weeks after the injury. The amount of the benefit is dependent upon two things. The first is the injured employee’s Average Weekly Wage. This number is set by assessing how much money the injured worker made on average for the 52 weeks prior to the injury. Make sure that all extras such as bonuses, commissions and other money benefits are included. The weekly rate is based upon this number, so it is important to be sure it is as accurate as possible.

How Much Does Workers’ Comp. Pay When You Have More Than One Job?

One important consideration that is often overlooked when calculating the average weekly wage is Concurrent Employment. This applies where an injured worker had more than one job at the time of the accident. If this can be shown, the average weekly wage is increased to account for all earnings.

The second factor in determining the weekly rate is the level of temporary impairment, which is given by the doctors. It is important to understand that the system is driven by medical evidence, however doctors are under very few guidelines or requirements when assessing degree of temporary impairment.

Every time you see your doctor, a report is filed with the Workers’ Compensation Board. Your doctor will provide a degree of disability in that report, which is expressed as a percentage ranging from 0 to 100. Sometimes the doctors will use narrative terms, such as mild, moderate, marked, or total, or some combination thereof. As a practical matter, mild means 25%, moderate means 50%, marked means 75%, and total means 100%.

How Much Does Workers’ Comp. Pay When Temporarily, Totally Disabled?

For the most part, most people who are hurt at work are at least temporarily, totally disabled for a period of time after the injury. If you are temporarily, totaled disabled, you are entitled to collect 2/3 of your Average Weekly Wage from the Workers’ Compensation Carrier. For example, if your Average Weekly Wage is determined to be $600, you can collect $400 per week in lost-wage benefits.

If your degree of disability is assessed to be less than total, you will be paid in accordance with the percentage set forth by your doctor. Using the same example above, if your doctor assesses you to have a 50% degree of temporary impairment, you can collect $200 per week in lost-wage benefits.

The law also provides for Maximum and Minimum rates, depending on your date of injury. For injuries that occurred from July 1, 2014 through June 30, 2015, the maximum weekly benefit is $808.65. Therefore, regardless of your average weekly wage or degree of temporary impairment, you cannot collect more than $808.65 per week in lost wage benefits. The minimum rate for injuries occurring during this period is $150.00 per week.

How Much Does Workers’ Comp. Pay After Returning to Work?

Degree of disability applies where an injured worker is out of work. However, because the Workers’ Compensation Law is a wage replacement statute, the law also provides benefits for injured employees who return to work but earn less because of their injury. This is referred to as “Reduced Earnings.” In the event that you return to work but are earning less than at the time of the injury, you are generally entitled to collect 2/3 of the difference.

At MCV Law, we start with step one to make sure that the Average Weekly Wage is set as accurately as possible. This involves a review of the injured worker’s W-2 and most recent pay stubs, as well as other factors, in an effort to maximize weekly benefits.

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