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GA Workers Compensation Weekly Benefit – How It Is Calculated

• May 22nd, 2013

Once you have been totally disabled by the authorized treating physician your GA workers compensation weekly benefits will begin.  Your compensation rate is based on the average wage for the thirteen weeks prior to your date of injury.  The insurance company sends a form to the employer (WC-6) and the employer inputs your gross wages for each of the thirteen weeks prior to the accident.  For GA Workers’ Compensation Weekly Benefit, you will receive two-thirds of that average weekly wage.  For example, if your average wage was $600 you would receive a weekly workers’ compensation benefits of $400.

If you are injured on the job before completing thirteen weeks then the insurance company must calculate your weekly compensation based on a similarly situated employee.  Your employer would complete the same WC-6 form but based on the wages of an employee who worked in the same or a similar position.  The insurance company will often try to avoid the law and just use your contract for hire rate.  They will claim that a similar employee does not exist just to avoid the hassle of trying to calculate a similar employee’s wages for your GA Workers Compensation Weekly Benefit.

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GA Workers Compensation Weekly Benefit – Over Time Hours

The insurance company can only use the injured worker’s contract rate if the employer does not have a similarly situated employee.  The contract rate does not take into account any overtime you may have actually worked in the weeks prior to the accident.  In other words if you were hired to work 40 hours a week at $10 an hour but actually worked 60 hours a week and earned time and a half for the overtime hours your GA workers compensation weekly benefit would only be based on the 40 hours if the insurer uses the contract rate.  A similarly situated employee’s wages would be similar or the same as yours and therefore would reflect the overtime pay.

GA Workers Compensation Weekly Benefit – Other Compensation

If you also receive other compensation in addition to hourly-based wages then those should be included in your average weekly wage.  For example I had a client who was provided an apartment in addition to his wages.   The employer paid his rent ($800 per month) as part of his compensation package.  So, when calculating his average weekly wage the insurer should have included an additional $200 per week in gross wages.  They of course did not, that is until I was retained to represent him.  If your compensation with the employer includes an additional sum for lodging or for meals then this should be reflected in your GA workers compensation weekly benefit.

 

GA Workers Compensation Weekly Benefit – Why An Attorney Can Help

When I initially meet with my clients I ask specific questions about their working hours, especially if the client had not been on the job for 13 weeks prior to his or her accident.   If you do not feel that your GA workers compensation weekly benefit is incorrectly calculated then you should contact an attorney.  The insurance company will not just correct any errors on its own.  You will need someone who knows the law and can insist that the insurance company calculate your GA workers compensation weekly benefit using the procedure set forth in the Statute.   Make sure that you are receiving the compensation that you are owed!  For a free consultation contact Celia Sunne at Sunne Law.  www.mysuperherolawyer.com

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