Determining the Amount of Your Weekly Workers’ Comp Check

When you have an injury at work that causes you to lose time, you are entitled to benefits to replace your lost income.  The Workers' Compensation system has complex rules determining how much you receive. Steve Hirsch makes sure that his clients are paid every dime that they are entitled to.

"We hope to soften the blow to your budget when you get hurt at work and that's why we want to be sure that the correct numbers are used." - Attorney Hirsch

  • Usually, the starting point is to look at two parts of your income. We look at the regular income you have earned during the thirteen (13) weeks immediately before you were injured; then we look at the overtime that you have earned during the fifty-two (52) weeks before your injury. These are added together and averaged. We will also look for vacation and holiday pay as well as bonuses and commissions. This amount will be known as your average weekly wage (AWW)
  • Once we have totaled those numbers, we look at a chart, modified each year that converts the AWW into a "spendable" figure. That amount is based upon the number of dependents that you have; this spendable amount is similar to reducing your gross income (before taxes) to your net income (after taxes).
  • The spendable amount is then multiplied by seventy-five (75%) percent to find the amount that you will receive each week. Obviously, your workers' comp weekly payment will be smaller than your former take home pay.

If you are totally disabled, you will also receive a small weekly payment for each dependent that you have (a non-working spouse or a minor child).  Also, if you have remained totally incapacitated for more than fifty-two (52) weeks, you will be entitled to a cost-of-living-adjustment (COLA) in May of each year you remain totally incapacity.  Partially disabled workers do not receive the dependency payment or the COLA.

Lastly, you are not paid for the first three days of your disability.  Contact us to help you make sure that you get the benefits that you are entitled to: 401287-2079.