Miscalculations in Workers' CompMiscalculations in Worker’s Compensation: Is Your Worker’s Compensation Rate Not Adding Up?
If you’ve been hurt on the job and are receiving Workers’ Compensation benefits, have you considered whether you’re being paid fairly? “Indemnity benefits,” otherwise known as wage loss benefits under the Pennsylvania Workers’ Compensation Act, provides compensation based on your average weekly wage subject to a state maximum rate that varies yearly—but getting an accurate calculation compensation rate can be difficult.
After an injury, your employer and their Worker’s Compensation Insurance Carrier prepare a document that calculates your average weekly income and Worker’s Compensation rate—this document is called a “Statement of Wages.” If unchecked, an insurance carrier’s miscalculation can translate to a difference of thousands in your pocket over the length of the injury. Your Worker’s Compensation rate doesn’t account for inflation, and receiving less than the entirety of your regular wages can already be a tough pill to swallow. That’s why it’s important to make certain that you receive the maximum compensation to which you are entitled.
Even assuming your employer their insurance carrier have your best interests at heart, calculation of your gross income can be a complex process. For example, the carrier may have to factor in more than simply what appears on paystubs. Additional benefits may be used in this calculation, including, but not limited to, the following:
- Overtime;
- Bonuses;
- Incentives;
- Vacation pay;
- Money advanced or reimbursed for board and lodging;
- And stock options
Finally, once the calculation of your gross income per week is complete, the carrier still bears the responsibility of correctly calculating your average weekly wage based on length of employment. If you’ve been receiving less that you’re entitled to, you may be eligible for back benefits with interest. If you’re receiving benefits, we advise that you request your Statement of Wages for our attorneys to review. With over 50 years representing injured workers, our attorneys at Caroselli Beachler & Coleman can quickly identify missteps and act promptly to correct them, and consultations are free. We can be reached toll-free at 1-800-222-8816 and would be happy to sit down with you, your family member or friend to review your case.
CAROSELLI BEACHLER & COLEMAN, LLC
REPRESENTING INJURED PERSON AND THEIR FAMILIES THROUGHOUT WESTERN PA SINCE 1972.
NO FEES UNLESS DAMAGES ARE RECOVERED.
LOCAL APPOINTMENTS AVAILABLE.
412-391-9860
1-800-222-8816
