Illinois employees out of work after being injured on the job may be entitled to more benefits than they realize.
What is an average weekly wage?
• In an Illinois worker’s compensation case, the average weekly wage determines how much money a person is to receive for TTD (temporary total disability) benefits and PPD (permanent partial disability) benefits.
• The injured worker’s pay for the 52 weeks prior to the date of injury is added up and divided by 52 to arrive at the average weekly wage.
• Insurance company claims adjustors work very hard to keep an injured worker’s average weekly wage low to reduce the money they pay on the claim.
• The law in Illinois states that overtime should be included in the average weekly wage compensation if the overtime is mandatory and occurs on a regular basis.
Bonuses and Fringe Benefits
• The Worker’s Compensation Act specifically excludes bonuses and fringe benefits in the calculation of an average weekly wage.
• The Illinois courts that have interpreted the average weekly wage calculation have found that incentive pay is included in the average weekly wage calculation.
• Vacation and holiday pay are included in the calculation of the average weekly wage.
Employees Who Have a Second Job
• It may come as a surprise to the average worker that if an employee has a second job the employer knows about, the wages of the second job are added to the employee’s regular wage to calculate his average weekly wage.
• This will result in the injured employee receiving additional money for the claim.
• Insurance adjusters rarely, if ever, will include a second job pay to the average weekly wage calculation for an injured employee, thereby reducing the amount the insurance company has to pay on a claim.
To get more information about your injuries, rights, and benefits under the Illinois Worker’s Compensation Act, call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Illinois worker's compensation lawyer centrally located in Collinsville, Illinois.
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