Workers Average Weekly Wage Determines Compensation Rate, part 2

WEEKLY GROSS WAGES as computed from the prior 52 weeks.  It should include overtime, holiday/weekend differentials, bonuses, and other prerequisites.  It is an AVERAGE of big weeks and small weeks.  According to the case of Johnson v. Webb Mechanical, Inc., 76 O.W.C. 165 (1997), the goal in determining the Average Weekly Wage is to approximate the economic loss suffered by the employee.

The Commission may compute the average weekly wage so as to most nearly approximate the amount the claimant would have earned but for the injury.  (Nelson v. Adecco Employment Service, 78 O.W.C. 263 (1999), Also, Ellen Kaye, Inc,. v. Wigglesworth, 34 Va. App. 390, 542 S.E.2d 30 (2001)). In Landau’s past cases, the average weekly wage has been increased to reflect: free meals, housing, uniforms, vehicles, hotel rooms.  These “perks” lead to an increase in the weekly wage loss compensation rate AND the permanency comp rate. It is rare that an insurance adjuster will tell injured workers or their families about all that they are entitled to claim after a workplace injury. If you or someone you know or care for has been injured as the result of an on the job accident and there are questions about Workers Compensation law and benefits, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555).

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