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atkinlaw

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The wages at the time of the injury determine the benefit rate for Utah Workers Compensation Claims, but many adjusters do not include all the proper wages in the the calculation, resulting in an underpayment to the injured worker.  Common situations include:

TIPS:  Yes tips count. It is a common issue with restaurant server and hair stylist cases. The problem is proof of the amount. If you did not claim them on your taxes (which is common) you will have some explaining to do when we try to claim them as wages for workers compensation benefits.  However, in professions where tips are standard, this can be explained.  

OVERTIME:  The statute says that we use the hours the injured worker was scheduled to work.  If overtime was scheduled, it is included.  If not scheduled, an average of the 13 prior weeks can be used to show overtime was normal and should be included in the wage.

SECOND JOBS:  All income for the week of the injury should be considered in calculating wages, this includes second jobs, seasonal jobs, and temporary work.  If you had a second job at the time of the injury, make sure you are properly compensated for your lost income.  If you are able to work one of the jobs after the injury, benefits are paid as Temporary Partial Disability benefits for the lost income.    

The goal is to calculate what the injured worker would have earned for the week of the injury, if the accident had not intervened.  This includes all sources and all forms income.  If the wage rate used by the adjuster does not appear to be correct, contact an attorney for a free consultation.
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