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WORKERS’ COMPENSATION BENEFITS WITH AN ACCEPTED CLAIM

When the industrial insurance carrier accepts a claim for benefits, the injured worker becomes entitled to two things. One is coverage for all medical treatment related to the industrial injury claim. The second benefit is compensation for time loss of more than seven days related to the industrial injury if a medical provider indicates the injured worker is not able to return to work.

Compensation for time loss is paid at the rate of 2/3 of the injured worker’s average monthly wage at the time of the injury. However, there is a maximum wage on which benefits are paid. The maximum wage has changed over the years. For the period July 1991 to June 30, 1999, the maximum wage was $2100 per month. For the period from July 1999 to January 2008, the maximum wage was $2400 per month.

Examples of the average monthly wage calculation

1. If a worker earned $7 per hour working 40 hours per week, the monthly earnings would be $1212.40 per month for purposes of calculating the average monthly wage. The worker would receive compensation of 2/3 of that amount or $808.30 per month, with part of it paid each 14 days.

2. If a worker earned $15 per hour, working 40 hours per week, the monthly earnings would be $2598 per month for purposes of calculating the average monthly wage. The worker would receive compensation of 2/3 of the maximum benefit of $2400 per month (if the injury occurred during the period July 1999 through January 2008) NOT 2/3 of the worker’s actual earnings of $2598 per month!!

NEWS FLASH!!!!!

· Effective January 2008 through January 2009 the legislature increased the average monthly wage to $3000 per month as the basis for workers’ compensation benefits. 

· Effective January 2009 through January 2010, the legislature increased the average monthly wage to $3600 per month as the basis for workers’ compensation benefits.

· After January 2010 the legislature increased the average monthly wage at the rate of 5% cost-of-living increase as the basis for workers' compensation benefits.


****It very important that the average monthly wage calculation is correct since it is the basis for all compensation benefits, which the injured worker receives with an accepted claim. If you have any questions about your wage, call the Law Office of Carol Lohmann and we will be glad to assist you!
This website is not intended to convey legal advice, but is information only.