Jan 5

Maximizing Your Average Weekly Wage in a Workers’ Compensation Claim

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The Florida workers’ compensation system can be unfair to the injured worker in many ways. One such way is the calculation of the injured worker’s average weekly wage in determining how much the injured worker is eligible to receive in temporary total disability or temporary partial disability benefits. However, using the seasonal worker method to calculate the average weekly wage may be of benefit to an injured worker.

Typically, the average weekly wage (AWW) of an injured worker is calculated by looking back 13 weeks before the work injury and calculating 1/13th of the total amount of wages earned during the 13 weeks. But what if you are a waitress or factory worker and during the prior 13-weeks, your wages were reduced because business is slow during the 13-weeks prior and you could have been earning much more if you were not injured? That is where using the seasonal worker method of calculating your AWW may be beneficial.

If the injured worker can prove that the seasonable worker method would be more reasonable and fair than the 13-week method, the average weekly wage may be increased resulting in more Temporary Total and/or Temporary Partial Disability benefits. In order to show prove this, the injured worker needs to show that he or she is a seasonable employee. The term “seasonal” can be defined as being affected or caused by seasonal need or availability. Thus, an injured worker may need an attorney to help prove that their job falls under the category of a “seasonal worker.”

The Florida Workers’ Compensation law severely limits the benefits and rights of an injured worker in favor of the insurance companies and the business industry. Thus, it is important that you maximize your benefits the best you can within the confines of the Florida Workers’ Compensation system.

The workers’ compensation carriers have attorneys looking out for their best interest after your work comp injury–you should level the playing field by getting a lawyer to work for you after your workers comp claim. In most situations, there are no out-of-pocket attorneys’ fees unless there is a recovery for you. For a free case consultation with Attorney Matthew Noyes, click here. Attorney Matthew Noyes’ Tampa Bay personal injury law firm–Perenich, Caulfield, Avril & Noyes–has been caring for clients since 1955. Benefit from their experience.

  1. injury compensation 24 Feb 2011 | reply

    The purpose of injury compensation is to recompense victims of accidents for their pain and loss. If you have been hurt in a road traffic accident, sustained an injury at work, been the victim of clinical malpractice, or even just fallen over in a public place, you may be entitled to make a claim for injury compensation

  2. crane accident claim 23 Feb 2011 | reply

    The term work injury covers both physical and psychological damage like depression and stress and workers should be free from any form of harassment, discrimination or any kind of workplace bullying.

  3. Building Accidents 14 Feb 2011 | reply

    According to statistics released by the Health and Safety Authority for 2009, more than 10% of all workplace related accidents happen on a building site. These factors have led to a higher proportion of Building Accidents injuries in real terms and a proportionate increase in claims for compensation. The importance of this is that the Statute of Limitations allows two years for you to make a compensation claim for your building site injury from your date of knowledge.

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