I have worked for the same employer for the past year however, between seasonal lay-offs and work slow downs. The hours I worked vary from one quarter to the next. I worked 8 weeks out of a 13 week period. Why would they divide that quarter by 13. So when the insurer calculated my weekly wage it is actually less then the COLLECTED BARGAINING AGREEMENT hourly wage I made when I work.
Is this a Workers Compensation injury claim. If that is the case you should have a workers compensation attorney. They receive 20% by statute, but will make you life far easier.
I will move your question to that Section.
Below is the state methodology of calculating the SAWW.
I strongly suggest you talk with a Workers Compensation attorney. Most offer a free consultation. Take advantage of it. Talk with several.
I am licensed to practice law only in Pennsylvania and New Jersey. Therefore, my knowledge is based primarily on law in those two states and general and Federal legal concepts. My answering your question is offered only as a free courtesy to provide you with general non-specific information. It is intended to help you when you seek and find a local attorney licensed in your state. This answer does NOT create a client-attorney relationship nor create any expectation of confidentiality or privacy concerning your public post. My answer is based only on the limited facts/information that you have presented in your post. For any lawyer to give you full and reliable advice, would require at the least, full one-on-one dialogue(s) with questions and answers being exchanged and any evidence being presented. Before taking any action or deciding to take no action, I recommend that you consult with a local attorney(s) of your choosing; either private or with a non-profit organization that helps individuals without the means for hiring a private attorney. Good luck in your search to find a legal solution to your situation.
Generally, if your wages vary by the week, and you have worked for your employer for a year or more, we calculate the Average Weekly Wage by dividing the year prior to the injury into four quarters, then taking the highest three quarters averaged together. This figure is then compared to Statewide numbers, which tells us whether your arte is 2/3, 90% or something else. It can be a complicated process, depending on the facts. As Mr. Powell advised, you would be best served by meeting with an attorney Certified as a Specialist in Workers' Compensation Law, as most of us on this board are. There would be no fee unless litigation was required. Good luck!
This is a fairly complex topic, especially if seasonal lay-offs are involved. You should speak with an attorney to discuss. In particular, you should choose someone who is certified as a specialist in workers' compensation law.
I am an attorney, but do not represent you. This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice.
The AWW is suppose to reflect your actual earnings over a quarter, then over the year. That is why the entire quarter is calculated into the AWW and then the three highest quarters are averaged. It use to be that it was only the highest of the 13 weeks which employers complained provided too high of an AWW since it did not take into account periods of lay off and slow work that you mention. That is why the General Assembly changed the calculation in 2007. So if you take the AWW calculated for you and multiply it by 52 the question is whether that approaches your actual, annual earnings.
However, there is case law that says if the actual calculation does not accurately reflect all your earnings, then you can challenge it. I highly suggest you contact a certified workers' compensation specialist for a review of the Statement of Wages and your total, annual pay. There may be something that can be done about this. Good luck.
This is a far more complicated question than you might think. You best bet for a reliable answer is to consult with and experienced Workers' Compensation attorney. That attorney will need all of the wage history and information about your case to give you a reliable answer.
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