How is my work comp check calculated?

Posted on by

Today’s topic is to review how the compensation rate is calculated.

It  all starts with the Average Weekly Wage (AWW). The average weekly wage is based on an average of gross income earned in the 13 weeks preceding the accident, not counting the week in which the accident occurred. “Second job” wages may be included so long as taxes were paid on that income and the worker was a covered employee for workers’ compensation at the second job.

Special rules apply when the injured worker was not employed for a full 13 weeks preceding the accident. Sometimes a similar employee’s wages are used. If there are no similar employees, sometimes the “contract of hire” is used where the hourly rate is multiplied by the hours the employee typically worked.

In my experience, insurance companies will use whatever method saves them money and pays you less.

If you have any doubt as to the accuracy of your AWW, please contact me for a free consultation.

In our next post, we will discuss when Temporary Total Disability benefits (TTD) are paid and how they are calculated.

Stay Tuned!

Contact Us

 

"Coral always returned my calls and was extremely pleasant to talk to. They make their clients feel sure that they have the client’s best interests at heart. That is what Mr. Piazza and his staff did for me."

Aleida C. of Naples, Florida

"Frank Piazza's formula of personal service, knowledge of the complex subject matter, and attention to detail assured the best possible outcome for my case. Words cannot convey my feelings of gratitude to Frank and his staff for the outstanding service I received as their client. They are excellent examples of what is right in our legal system today."

Jim M. of Naples, Florida

"My experience with Mr. Piazza was great. I am very happy with the outcome of my case and settlement. I am very grateful for Mr. Piazza and his staff for the terrific service I received and I will definitely recommend Mr. Piazza at 100%."

Daniel G. of Naples, Florida

"Frank and Coral did an amazing job on my case! They were both on top of everything throughout the whole process. I would recommend them to anybody and if needed be I would go back to them again."

Sofia of Naples Florida

"Mr. Piazza is a good listener and explains everything well."

Carolynn S. of Naples, Florida

"Mr. Piazza, I appreciate you personally take care of my requests in a timely manner. If not within your control, you or one of your associates would reach out to me promptly, giving me a complete and satisfactory explanation of the situation."

L.A.S. of Naples, Florida

"They were patient, compassionate, understanding, and professional in each and every contact I had with them, whether by phone, fax, or in person. I will be eternally appreciative of Frank and his competent associates."

Joyce S. of Naples, Florida

"Just keep up the great work. I would and will recommend anybody that needs a workers’ compensation lawyer. Thank you for all the help, Mr. Frank."

Gloria W. of Naples, Florida

"I would recommend them to everyone I know if they needed help with a case."

Ronald P. of Naples, Florida

"One of the most professional and courteous offices I have dealt with as an adult. Thank you!"

Mary C. of Naples, Florida

"I learned a great deal from him, and I thoroughly appreciated his generosity with his time. I would recommend attorney Piazza without reservation."

Bill B. of Naples, Florida

"Your office has taken care of my workers compensation case and I compliment your entire staff. I want to thank you and your staff for your professionalism as you all were exceptional and the primary factors in my case being completed to my satisfaction."

L.A.S. of Naples, Florida

"Frank did an excellent job with my workers comp case. His staff is awesome as well. Highly recommend him to anyone looking for a great Lawyer with a work comp case. Very positive outcome and very happy with results."

Rick W. of Naples, Florida

"Thank you for all your support and your help. It was always a pleasure talking to the secretaries on the phone. God bless you, always. Thank you, again."

Agdha R. of Naples, Florida

"After I previously worked with 2 other failed Attorneys, I was lucky enough to find Mr. Frank Piazza who handled my workers compensation case wonderfully. I was amazed by his knowledge, confidence, and attention to the details of the case. His office staff was phenomenal."

Daniel G. of Naples, Florida

"Attorney Piazza spent more than an hour explaining everything about this case to me, from all perspectives. He presented as one of the most professional, knowledgeable attorneys I have had the good fortune to meet."

Bill B. of Naples, Florida

"Very good Work!"

Anthony H. of Naples, Florida

"Throughout the entire ordeal, Frank and his exceptional staff supported, encouraged, and gave me hope that one day my life might return to "normal"."

Joyce S. of Naples, Florida

"I am very happy with everything. I’m so glad Frank and his wonderful staff took over my case. From that point on my questions and concerns were taken care of promptly."

William C. of Naples, Florida

"Mr. Piazza handled my husband’s Workers Compensation case like he was a friend. He was very professional. I trust him and will definitely recommend him."

Rachelle G. of Naples, Florida

"I would recommend Mr. Piazza and his Naples staff. They made all the difference in this case for me. He took the time to explain, answer, and address all of my questions and concerns."

Aleida C. of Naples, Florida

"I just want to thank you guys for making a difference in peoples’ lives, whom may not be able to speak for themselves."

Lonnie R. of Naples, Florida

"Very professional and helpful. Thanks again for your help."

Gail K. of Naples, Florida

Actual Case Results

Robert M. vs. Newspress/Travelers Insurance Company
Outcome: We won. Workers’ compensation checks were awarded to our client.
Brent M. vs. Jackson Total Service/AARLA
Outcome: We won. Workers’ compensation was ordered to authorize neurological treatment for our client’s neck and left arm injuries.
Kelly C. vs. Boran Craig Barber Engle Construction/United Seif insured Services.
Outcome: We won. Workers’ compensation checks in excess of $40,000.00 were awarded to the claimant.
Beverly L. vs. Staff Leasing/Liberty Mutual Insurance Co.
Outcome: We won. Compensability of the workers’ compensation claim was awarded, as were various medical benefits and compensation checks.
Miguel C. vs. Bralew Inc./Diversified Inc/Employers Advocate Ins.
Outcome: We won. Having previously secured a psychiatrist for our client, the judge awarded an workers’ compensation attorney fee at the expense of the insurance company.
Frank R. vs Rock and Creek RV Resort/Claims Center
Outcome: We won. Workers' compensation was ordered to authorize a trial spinal cord stimulator for our client.
Inese T. vs. Bud’s Diner/The Travelers Companies
Outcome: We won. The judge ordered that workers compensation authorize a cardiac bypass surgery for our client.
Inese T. vs. Bud’s Diner/The Travelers Companies
Outcome: We won. The judge ordered that workers’ compensation authorize a cardiac catheterization procedure for our client.
Karen W. vs. Sunsplash Market & Cafe/Kemper National Services
Outcome: We won. The judge ruled that workers' compensation must authorize a psychiatrist for our client.
Joseph B. vs. LMF Construction/Guarantee Insurance Co. and Mud Slingers, Inc./Bridgefield Employers Insurance and BCBE Inc./USIS
Outcome: We won. Compensability of the workers’ compensation claim was awarded, as were various medical and compensation benefits.
Daniel G. vs. Decks Unlimited/Sterling Cooke
Outcome: We won. The judge of Compensation Claims ordered workers’ compensation to authorize a facet rhizotomy procedure.

Serving All Of Southwest Florida

Whether you're looking for a Ft. Myers work comp lawyer or a Naples work comp lawyer, we've got you covered. We have offices in both Lee and Collier counties to best serve all of Southwest Florida’s injured workers. Wherever you are, I can help you.