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How do they factor what you get paid for worker's comp weekly? I feel cheated.

Petaluma, CA |

I got a $3/hr raise from the injury date to the date my doctor put me out. The IC wants to pay me at my old rate because they said it goes by the injured date. Is this correct?

Attorney Answers 4

Posted

Unfortunately, yes. Time stops the day you are injured. Raises received after do NOT count UNLESS they were earned but not paid. e.g. your contract ended on 12-31, you are injured on 5-1 while working without a contract, on 7-1, you ratify a new contract, retroactive to 1-1. In that case you would get the benefit of the raise.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com

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Posted

The Average Weekly Wage is calculated based upon earnings prior to your injury (although what prior period is usually an disputed issue). Unless there is contractual basis for your future raise which is effective prior to your injury, the increase will probably not occur.

I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.

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Posted

Unless you have a situation outlined by Attorney Candiano, you do not get the benefit of your new raise.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

I am not sure of the law in Ca. In Illinois the employer's payments are based upon the calculation of your Average Weekly Wage (AWW) for the 52 weeks preceding the date of accident. This calculation can be simple or complicated depending on a number of factors including over time, concurrent employment etc. If you think you are underpaid you should consult an experienced work comp lawyer in your area.

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