California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Feb 2008
    Posts
    16

    Default What Figure Used to Calculate WC Pay?

    Although I am year into this, I was going over my paperwork for taxes and started doing some calculations.

    Even using my "Regular Pay", I am being underpayed by the IC. But my company wraps "Personal Selections" into "Gross Pay". In my search of the forum, they refer to the compensation as being based on "Gross Pay". If this is true, then I am owed 5es in back pay. Plus I understand there is an automatic percentage fine for underpayment.

    I used the pay period before and for the actual time period the accident occured. My understanding is that is what they use to do the calculation. Plus I got quarterly and other types of bonuses that I did not include in my calculation. When the IC initially stated the amount they would pay, they tried to tell me it was an average of the previous 18-24 months or some other poor reasoning. A WC lawyer indicated that they had to use the income at the time of the accident.

    Thank you for the assist.
    Last edited by ThrashedShouldersCaliforn; 02-23-2009 at 12:59 PM.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: What Figure Used to Calculate WC Pay?

    I'm not sure what your question is.
    workers comp computes average weekly earnings a number of ways depending on the employment situatuion.
    many employees don't have a fixed salary or wage and it has to be averaged. using "the going wage" is one method.
    you can send them a copy of your W-2's for last year and ask for a recalculation.
    Here's the law on earnings
    http://www.leginfo.ca.gov/cgi-bin/di...file=4451-4459
    Last edited by .SH; 02-23-2009 at 01:20 PM.

  3. #3
    Join Date
    Feb 2008
    Posts
    16

    Default Re: What Figure Used to Calculate WC Pay?

    In short, would they use my "Regular Pay" or "Gross Pay" to calculate my WC amount?

    The company I worked for rolled "Personal Selection" into Gross Pay. Looks better on your paystub, but no diferent on your take home. They want to tell me it is an average of the 12 months prior to the date of the accident. And I know they did not include bonuses, which come to a signifigant number.

    Thank you for the link, I will read it this evening.

  4. #4
    Join Date
    Feb 2008
    Posts
    16

    Default Re: What Figure Used to Calculate WC Pay?

    Also, based on a quick look at the link, I think I may not have been clear.

    I am asking how they calculate your weekly TTD payments. Not what they will pay for your setlement. The amount you would get as a replacement during recovery, etc. As in your paycheck replacement. Say I normally got $1000 every 2 weeks, for TTD I would $666.66 every 2 weeks until I was considered P&S.

    Thx.

  5. #5
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,899

    Default Re: What Figure Used to Calculate WC Pay?

    My company also did not include bonuses. I found out that some of the bonuses my company paid were not reported on the paychecks. I would also like to know the answer to the question about bonuses, it has been posted before, however I am still confused.

    This question was posted asking about bonuses, expense accounts, and company car.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: What Figure Used to Calculate WC Pay?

    The TTD benefits are based on your AWW/Average Weekly Wage.
    If you had earnings at the time of injury of 1k/week, but that had been only for 3 or 4 weeks, they would take an average based on the previous 52 weeks.

    If your 1K/week had been over a period to justify an AWW...eg 6 months, then the 1K would be a reasonable AWW.
    "Disability Payments'' are defined in the labor code...(the link SH provided is actuall for calculation for PD/PPD and can be confusing for TTD calculations)
    4653. If the injury causes temporary total disability, the
    disability payment is two-thirds of the average weekly earnings
    during the period of such disability, consideration being given to
    the ability of the injured employee to compete in an open labor
    market.
    http://www.leginfo.ca.gov/cgi-bin/di...file=4650-4664
    In bonusus... if you were receiving regular bonuses over a period of time those could be taken into consideration...but if the bonus was 1K for the last quarter, and 5K the current quarter, it would be unlikely to assume your bonuses were 'average' at 5K. If you are paid on a commission basis, with a 'draw', then they would obviously take the past 52 weeks to get a AWW.

    TTD is also based on min/max rates in affect at the time of your DOI.
    If you add 'average' wages of 3K/wk, you won't see $1999./wk in TTD when the max wage earner is getting around $900/or current max TTD benefit.

    When you are paid a bonus, is it included in your W-2 or are you provided a 1099 ?
    As SH said, if you have a dispute to the actual AWW your TTD has been based on, get out your check stubs, W-2 or tax return (both handy right now) and dispute the issue...take it to the judge if necessary.
    This would be unlikely to carry a 5814 self imposed penalty as the IC is basing the benefit amount on the reported wages provided by your ER.

  7. #7
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: What Figure Used to Calculate WC Pay?

    gross pay is used. bonuses paid for work over the period averaged would be included.

  8. #8
    Join Date
    Feb 2008
    Posts
    16

    Default Re: What Figure Used to Calculate WC Pay?

    Thank you. Seems like I am owed a signifigant amount in back pay. Just need to get the paperwork over to them I guess.

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