- June 22, 2023
- Workers' Compensation
Have you ever received your weekly workers’ compensation benefits and thought, “this doesn’t seem right”? If you feel like the amount is too low, it’s important to speak up and take action. With the help of a skilled Charlotte workers comp attorney, you can ensure that your benefits are fair and accurate.
Here, we’ll explore how an attorney can assist you in navigating this complex process and what steps you should take if your weekly benefits are not the correct amount.
Introduction to Workers Compensation in Charlotte
When you are injured on the job in Charlotte, there is a good chance you’ll be entitled to workers compensation benefits. These benefits are meant to help you focus on making a full recovery rather than worrying about losing your income.
However, sometimes the amount of benefits you receive is not enough to cover your costs. If this happens, you may be able to appeal the decision and the benefits you deserve.
Your Charlotte workers comp attorney can reach out to your employer and ask to see how your benefits were calculated. They can also talk to the insurance company handling your claim and try to resolve the issue.
A Charlotte Workers Comp Lawyer Explains Average Weekly Wages
If you have been injured at work and are receiving workers’ compensation benefits, you may be wondering if your Charlotte workers’ comp attorney can help if you feel that your weekly benefits are the wrong amount.
The first thing to understand is that there is no “average” weekly wage when it comes to workers’ compensation benefits. Benefits are based on each individual’s particular situation and earnings.
That said, there are maximum and minimum benefit amounts that are set by state law. In North Carolina, the minimum weekly benefit is $50, while the maximum is $1,000. If your benefits fall outside of this range, you may have grounds for an appeal.
Your workers’ compensation insurance company will typically use a formula to calculate your benefits. This formula takes into account factors such as your average weekly wage and the extent of your disability. If you believe that the insurance company has miscalculated your benefits, your attorney can review the calculation and help you file an appeal if necessary.
How Does a Charlotte Workers Comp Attorney Help Calculate Your Average Weekly Wage?
The point of receiving weekly replacement wages under workers comp is to help you cover your medical expenses. They are also meant to make up for the lost wages while you are unable to work. However, in order to receive these benefits, your employer must first accurately calculate your average weekly wage.
Your workers’ compensation lawyer in Charlotte can ensure that your employer does this correctly.
Is There a Formula Used to Determine Your Average Weekly Wages?
If you were injured at work and are now receiving workers’ compensation benefits, you may be concerned that the amount of your weekly benefits is not accurate. Your Charlotte workers’ comp attorney can help you determine whether your average weekly wage (AWW) was properly calculated and can assist you in appealing an unfairly determined AWW.
To begin, it is important to understand how your AWW is calculated. Generally, your AWW is based on your earnings during the 13 weeks prior to your injury. However, there are some exceptions to this rule.
For example, if you were injured near the end of your employment, or if you had recently changed jobs, the insurance company may use a different method to calculate your AWW.
If you believe that your AWW was not accurately calculated, you have the right to file a petition with the North Carolina Industrial Commission (NCIC).
The NCIC will review your case and decide whether or not your AWW was properly calculated. If the NCIC finds that your AWW was improperly calculated, they will adjust your benefits accordingly.
If you have questions about appealing an unfair determination of your AWW, or any other aspect of your workers’ compensation case, please contact our office for a free consultation with one of our experienced Charlotte workers’ comp attorneys.
What Are Some of the Common Mistakes Made When Calculating Your Average Weekly Wages?
If you are receiving workers’ compensation benefits in Charlotte, North Carolina, you are probably being paid based on your average weekly wage. But what happens if the insurance company miscalculates your average weekly wage?
Your Charlotte workers’ comp attorney can help if you think your benefits are too low. The first step is to request a copy of the insurance company’s calculation of your average weekly wage. If the insurance company made a mistake in its calculation, your attorney can help you get the benefits you deserve.
Some of the most common mistakes the insurance companies make when calculating average weekly wages include:
- Failing to include all forms of income: If you receive income from sources other than your regular job, such as overtime pay, commissions, or bonuses, be sure to tell your attorney so that this income can be included in the calculation.
- Using an outdated salary figure: If you have been at your job for a while and have received raises, but the insurance company is using an old salary figure from before the raises, your benefits will be too low. Your attorney can help ensure that the correct salary figure is used.
- Failing to account for deductions: If you have deductions from your paycheck for things like health insurance or retirement savings, these should be subtracted from your gross pay when calculating your average weekly wage. Otherwise, you will end up with too high of an average and therefore lower benefits.
Are Your Commissions and Bonuses Included in Your Average Weekly Wages?
If your Charlotte workers compensation attorney finds that your average weekly wages are calculated incorrectly, they may be able to get your benefits increased.
One question a lot of employees have is whether their commissions and bonuses are included in their average weekly wage.
The way the law works in Charlotte, North Carolina is rather simple. If you receive commissions or bonuses regularly, they should be included when your employer calculates your AWW.
If, however, you only receive them occasionally, they may not be included in your average weekly wage.
Contact a Skilled Workers Compensation Lawyer in Charlotte Today
If you’re receiving workers compensation benefits in Charlotte and you believe the amount you’re getting is wrong, you may be wondering if your Charlotte workers comp attorney can help. The answer is yes – a skilled workers compensation lawyer in Charlotte can review your case and help determine if you’re entitled to more benefits.
If you think your weekly benefit amount is too low, don’t hesitate to contact a worker’s compensation lawyer in Charlotte today. With the help of a knowledgeable attorney, you could get the higher benefit rate you need to support yourself and your family.
