December 31, 2022

How Do I Maximize My Lost Wage Benefit?

Category: Workers Compensation

Author: Matthew T. Hurm, Esq.

1. Hire an Attorney

There are many types of lost wages benefits, and an attorney will know which benefits are right for you. Most injured workers are owed temporary total benefits which are measured by calculating your average weekly wage. An attorney can help you provide the information the state needs to calculate your benefit and ensure that it happens with minimal delay. The Hurm Law Firm is experienced and dedicated to helping workers. You can schedule a free consultation by calling (216) 860-1922.

2. Get Your Claim Allowed

Before you ever receive lost wage benefits, you first need to get your claim allowed. To get your claim allowed, it is vital that you have a good doctor’s office that produces all the diagnostic testing and written reports necessary for the state to confirm the diagnosis and allow the claim. The burden is on the injured worker and his doctors to prove the existence of the work injury and the medical conditions it caused.

3. Locate and Submit Paystubs

Once your claim is allowed, you will need to prove your average weekly wage. The state only considers the year before the work injury was suffered, so you will need to contact all the employers you’ve had over the last year. When you contact them, ask for both the paystubs they produced and any W-2 forms. Once you have secured all evidence of your earnings from the last 52 calendar weeks, you can submit them to the state and they will perform their calculations.

4. Review the Average Weekly Wage Calculation

After all your wage evidence has been submitted, the state will calculate your average weekly wage. Your attorney can get you a copy of their calculations so you can compare the state’s numbers with your own. It’s vital that you double check the calculations because your average weekly wage does not only affect you lost wage benefits, but also the size of your permanent partial disability payment at the end of your claim. The following chart provides more information on the different benefits and the maximum benefit available:

5. Regularly Monitor Payments 

After the evidence is submitted and the calculations are completed, you will start receiving checks on a regular basis. If you are receiving temporary total benefits you need to submit a C-84 form every month requesting your benefits. If the check amount varies from your regular payment, it is vital you contact your attorney immediately. The Hurm Law Firm is experienced and determined to maximize your benefits. A free consultation can help you do the same. Just call (216) 860-1922.

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