When you’re injured at work, it’s important to understand how your workers’ compensation benefits are calculated. These benefits can provide financial support while you recover, but many people don’t know how the amount is determined. With over twenty years of personal injury law experience, our Rockville, MD workers compensation lawyer works with clients to help them understand their benefits and make sure they receive the compensation they deserve.
Average Weekly Wage (AWW)
The AWW is calculated based on the wages you earned in the weeks leading up to your injury. For most workers, the calculation is straightforward—it includes your base salary or hourly wage, but also may take into account overtime, bonuses, or commissions if they were regularly paid. Your employer’s workers’ compensation insurer will typically review your wage records for a specific period before the injury to determine your AWW.
If your wages were inconsistent or you had irregular hours, the calculation might be slightly different. For example, the insurer may consider a longer period of time or average out your earnings to get a fair representation of your typical wage.
Percentage Of Your AWW
Once your AWW is determined, your workers’ compensation benefits will be a percentage of that amount. The percentage is usually around 66.67% (two-thirds) of your AWW, but this can vary depending on the state where you work, the severity of your injury, and your specific case. This amount is meant to replace a portion of your lost income while you are unable to work due to your injury.
For example, if your AWW is $900, your weekly workers’ compensation benefit would likely be around $600. However, this can differ based on local laws or if you are entitled to additional compensation for permanent disability or other factors. Our workers compensation lawyers will verify that these calculations are done accurately.
Type Of Injury And Disability
The type of injury you’ve sustained also plays a significant role in determining your benefit amount. Injuries that are more severe or result in permanent disability may result in higher benefits or different compensation structures. Properly documented medical evidence for workers compensation claims is essential for securing the maximum benefits.
- Temporary Total Disability (TTD): If you are temporarily unable to work due to the injury, you may receive benefits for the duration of your recovery. This is usually based on the two-thirds of your AWW mentioned earlier.
- Permanent Total Disability (PTD): If your injury results in permanent total disability, you may be entitled to a higher level of benefits, which can continue for life, depending on state laws.
- Permanent Partial Disability (PPD): If your injury leaves you with some permanent disability but you are still able to work, your compensation will be based on a percentage of your AWW, along with the severity of your disability.
Additional Compensation Considerations
In some cases, additional compensation may be available beyond just the weekly benefit. For example, if your injury requires ongoing medical treatment, the workers’ compensation system may cover the cost of necessary healthcare, including surgeries, medications, and rehabilitation.
In certain situations, if your injury was caused by the negligence of a third party (someone other than your employer), you may be able to file a separate personal injury lawsuit and receive additional compensation beyond your workers’ compensation benefits.
Get The Compensation You Deserve
Understanding how your workers’ compensation benefits are calculated is important for making sure you get the financial support you need during recovery. If you’ve been injured at work, it’s important to fully understand your rights and benefits. Our personal injury team at Antezana & Antezana LLC is dedicated to recovering maximum compensation amounts for you. If you have questions or need assistance with your workers’ compensation claim, contact us today for a free consultation. Our attorneys offer legal support in English and Spanish. We’re here to help you through every step of the process and fight for the workers compensation benefits you are entitled to.
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