Workers Average Weekly Wage Determines Compensation Rate, part 2
January 4, 2013
The ABRAMS LANDAU workers comp team knows that the best Herndon workers compensation lawyers know that you must maximize the average weekly wage in order to get the fairest compromise settlements in Virginia workers comp claims
In yesterday’s post, we looked at whether a new promotion or training can cause a problem with calculating an injured worker’s Average Weekly Wage. Today, Herndon Virginia injured workers lawyer Doug Landau looks at some of the things that affect the weekly compensation rate.
“Injured Virginia workers routinely come to my Herndon law shop after an on the job accident, and tell me that they’re ARE getting 2/3rds of their average weekly wage. But I would estimate that 80% are UNDERpaid !” Under the Virginia Workers Compensation Act, the comp rate is supposed to be based upon the AVERAGE 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).