Atkin & Associates, experienced injury attorneys Atkin & Associates, Utah injury attorneys
1111 East Brickyard Rd. Suite 206
Salt Lake City, Utah 84106
Call Us: (801) 521-2552
or Email an attorney anytime.
Atkin & Associates: Attorneys at Law
Workers' Compensation Social Security Disability Personal Injury and Product Liability Help for Utah's Injured Contact an attorney at Atkin & Associates Workers' Compensation
Online Help for Utah's Injured
Sign up Latest Topics

  Author   Comment  

Avatar / Picture

Online Help Moderator
Posts: 5
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.
Previous Topic | Next Topic

Quick Navigation:

Easily create a Forum Website with Website Toolbox.

DISCLAIMER: Every case is different. Information on this website is intended as a general outline only and may not be appropriate for your case. Contact an attorney for a free consultation to get the best information for your particular situation.

copyright 2013
All Rights Reserved