Determining Fault for a Rear-End Collision in Charlotte, North Carolina
Mar 15, 2018 by content
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If you were injured on the job in North or South Carolina, you may qualify for workers’ compensation benefits to cover your medical expenses and lost wage replacement. Pain and suffering, however, is unfortunately not part of the workers’ compensation system. Many injured clients are upset that they cannot recover compensation for the pain and suffering they have been through. The law, however, does not allow such a recovery in the workers’ compensation setting. An injured worker may, however, be entitled to receive compensation for pain and suffering if there is a third-party liability claim associated with the workers’ compensation injury.
The keystone in workers’ compensation benefits is the average weekly wage. This figure will be used to calculate the ongoing compensation rate of your workers’ comp payments. There are several ways of determining the average weekly wage. The most prevalent method takes the average gross weekly wage of an injured worker for 52 weeks preceding the date of the injury. However, if there were lengthy absences of more than seven days — not counting paid vacations — during the year preceding the injury, or if the injured worker has not worked with the same employer for that 52-week period, a different approach may be utilized to arrive at this important number.
Your surest way to confirm and verify that your average weekly wage is being calculated to your best advantage is to have a knowledgeable, attentive workers’ compensation lawyer monitoring your claim. A Charlotte workers’ compensation lawyer from Brown, Moore & Associates, PLLC, will gladly offer you a free initial consultation to discuss this and other essential aspects of your workers’ compensation claim in North Carolina. We often find that insurers tend to calculate employees’ average weekly wage lower than it should be if the most advantageous method of calculation were applied.
For example, if some of the weeks you worked shortly before your injury were paid at a lower “training” rate than your regular salary after training, our attorneys, if we represent you, will argue that your employer should base the average weekly wage calculation only on the basis of weeks paid out at the full salary rate.
Even when employers and employees agree on the method of calculation, our Charlotte workers’ compensation attorneys find that a significant percentage of the time, employers still miscalculate downward — not in the worker’s favor.
A workers’ compensation attorney on your side is a valuable and important ally and advocate for an injured worker. Your North Carolina workplace injury lawyer can help you understand your rights and take action to protect your right to compensation at maximum available levels after an injury on the job.
If your doctors determine that you are permanently impaired, the “average weekly wage” calculation is especially important. Correct calculations as opposed to erroneous ones can make thousands of dollars of difference over time in the workers’ compensation benefits that you receive.
Lawyers at Brown, Moore & Associates, PLLC, pledge to give your case serious consideration at your initial free consultation. We do not want to offer to take your case unless we believe that our advocacy is very likely to add value to your case equal to or greater than our attorneys fees. After a workplace injury causing serious or catastrophic injuries or after the accidental death of a family member on the job in North Carolina or South Carolina, call us toll free at 844-452-3688 or contact us online.