How Is Your Weekly Check Determined?

The amount of workers’ compensation benefits you are paid each week when you either cannot work or have a permanent injury is called your “weekly rate”.  Our experience is that in more than 50% of the cases we review, the insurance company has incorrectly paid the weekly rate.  Even a rate difference of $20 per week can result in thousands of dollars owed to you.  Generally, if you are paid on an hourly basis then your rate is based upon your average earnings during the 13 weeks before you were injured.  While overtime hours count, they only count at your normal hourly wage in determining your rate.  However, shift differential and regular bonus pay should be included in determining your weekly rate.  For all of our work injury clients we do a rate audit at no additional charge because often you will have been paid the incorrect rate.