- September 19, 2020
- Workers' Compensation
Why is it so troublesome to access full compensation after any type of accident? There are a few present issues that come up when discussing why clients often don’t get full compensation, and why people who handle these claims on their own get very small portions of what they deserve.
However, even when claimants do file for compensation for the lost wages they experience after an on-the-job accident, they may not receive full compensation for their wages. Instead, their wages are pushed through a strange formula that is intended to provide only a portion of what that person would have learned if they were able to work. Contact our Charlotte workers’ compensation attorneys today.
Missed Hours and Annual Salary Calculations
The workmen compensation law that applies throughout North Carolina in regard to calculating a wage is that it should be both fair and just. But many attorneys struggle to work with Workers Compensation Insurance Providers to determine exactly what fair and just means.
The one recurring element of this fair and just wording is that everything comes down to an average weekly wage. That average weekly wage determines what you might receive through a calculation of the employee’s wages over a period of time. That means the wages that the person would earn before the injury and after the injury. So, if you were recently promoted, your weekly wage would not reflect your current wage, but the average of both your past wage and your current wage.
The calculation has a few variants. First, if you are on a wage contract, then the average weekly wage may come directly from that contract. Second, if you are an hourly employee, the insurance provider may take your earnings over the last year, and divide that by 52 to average a weekly wage. Finally, there are one-off type calculations that insurance companies may use in a variety of different situations.
For many people in this calculation favors the employer rather than the employee. Additionally, most employers only offer compensation for lost wages up to a certain percentage. For example, they may match what SSDI might provide under temporary disability, such as 60% of lost wages.
Missed Benefits
What happens to your benefits when you lose wages? Most people will receive paid vacation time or accumulate paid sick time based on the hours they work. But, when they are unable to work, those benefits no longer accrue. What about your investment benefits?
Often people pay into 401k and other investment options based on a percentage of their earned income. If they aren’t earning an income, that percentage is zero, and that means they miss out not only on what they would invest but what their employer might match as well.
What If You’re Not “Technically” an Employee?
We are living in a moment when many people are working as independent contractors or Freelancers and may not be a technical employee. What happens then? Often independent contractors, freelancers, and occasionally temporary employees can not access lost wages. The only time this could change is if they have a contract job, and that will likely be rescheduled rather than covered through worker’s compensation.
Some temp agencies will provide workers compensation. However, that has been a hot topic across the nation for years now. Temp agencies may or may not provide workers compensation, and if they do, they may argue that the accident or injury didn’t occur on their property or under their rules. There is a lot of argument between temp agencies and the companies they work with in regard to how employees can follow safety regulations, safety rules, and have workers compensation coverage when there are two different business entities involved.
What About Other Losses? North Carolina Worker’s Compensation Attorney Answers Your Questions
Worker’s compensation it’s a strange form of insurance, and many have trouble finding answers to very basic questions. What about your lost wages? What about other losses? What can you do if you’re an independent contractor? When thinking about all of your losses, consider going directly to a North Carolina workers compensation attorney. These legal professionals strive to deliver transparent answers to some of the most common questions that come up during worker’s comp claims.
Our team can help you determine whether you need to hire a workers compensation attorney, what kind of benefits you can get, how much compensation you should expect for lost wages, and what to do about your other losses. Contacting our team can be your break in your workers’ compensation claim.
