Calculating Wages for Workers' Compensation Claims

Helping You Get the Workers' Compensation Benefits You Deserve

If you have been injured in a workplace accident, you may qualify for workers' compensation. Temporary Total Disability or TTD pays two-thirds of your average weekly wage and 100% of your medical treatment.

The Illinois Workers' Compensation Commission considers your average weekly wage the basis for computing your workers' compensation benefits. If you worked full time at a regular job, this calculation is very simple to compute simply by dividing your total regular earnings by 52 weeks.

Cases are often much more complicated, however. You may have worked less than eight hours a day prior to the accident or only from time to time. Your wages may be under-reported by your employer, resulting in underpayment of workers' compensation benefits.

Here at Smoler Law Office in Chicago, Illinois, we work with clients to make sure your average weekly wage amount includes all your income, so that you are paid all the workers' compensation benefits you have earned.

Contact Smoler Law Office at 1-888-508-0430 for a free consultation.

If you have been injured in a construction accident, call experienced workers' compensation attorney Robert Smoler at 1-877-508-0430. Robert Smoler has more than 25 years of workers' compensation experience. Smoler Law Office serves clients in Chicago and throughout Cook County, Illinois.

Calculating The Average Weekly Wage

In computing the average weekly wage, we consider all sources of earned income for maximum benefits. In order to include overtime wages, they must be mandatory or consistent. Bonuses are not included, but commissions and per diem pay are. If you do piece work, we can help you calculate the average weekly wage that reflects the amount of work you truly did.

Our office examines the wage statement provided by your employer for correct calculations. That is why we ask for check stubs for the 52 weeks prior to the accident. If we discover that you have wages lost due to underpayment, we can request a recalculation to bring your workers' compensation benefits up to the dollar value they should be. As of the 1/15/10 through 7/14/10 reporting period, the maximum average weekly Temporary Total Disability benefit was $1,243.00.

Experienced Workers' Compensation Counsel for the Injured Worker

We can also help you restore the full amount of benefits by pursuing a petition or negotiating at the end of the trial or settlement.

With so much at stake, you need a skilled workers' compensation lawyer by your side. For a free initial consultation about your third party claims, call Chicago and Cook County, Illinois, lawyer Robert Smoler at 312-298-8952 or contact Smoler Law Office online. For additional information about workers' compensation, visit our Workers' Compensation Information Center.