Results 1 to 6 of 6
  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Do I Get Work Comp Based on the Hours I Was Working at Time of Injury

    Hi, I was injured at work on March 2012. Does workers comp base what you get paid on the hours you were working at the time of injury or do they go back 90 days?
    Thanks,

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,953

    Default Re: Do I Get Work Comp Based on the Hours I Was Working at Time of Injury

    Wage replacement benefits, TTD, is based on AWW/Average Weekly Wage at time of injury, but it's averaged, generally over the prior 52 weeks. Not hours worked, and is based on a 7 day work week.

  3. #3
    Join Date
    Oct 2006
    Posts
    9,086

    Default Re: Do I Get Work Comp Based on the Hours I Was Working at Time of Injury

    Quote Quoting Domino View Post
    Hi, I was injured at work on March 2012. Does workers comp base what you get paid on the hours you were working at the time of injury or do they go back 90 days?
    Thanks,
    SEE 102.11 of the act:
    http://dwd.wisconsin.gov/dwd/publica...hapter_102.pdf

  4. #4
    Join Date
    Jan 2016
    Posts
    11

    Default Re: Do I Get Work Comp Based on the Hours I Was Working at Time of Injury

    Quote Quoting BvIA View Post
    Wage replacement benefits, TTD, is based on AWW/Average Weekly Wage at time of injury, but it's averaged, generally over the prior 52 weeks. Not hours worked, and is based on a 7 day work week.
    Wisconsin is based on 6 day work week Monday thru Saturday

    - - - Updated - - -

    Quote Quoting .SH View Post
    Dwd.wi.gov

  5. #5
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,540

    Default Re: Do I Get Work Comp Based on the Hours I Was Working at Time of Injury

    That is a very poorly drafted statute, to the point that it is far more complicated than it needs to be.

    I did not spot anything in there about WI using a limited work week of 6 days, although it does seem to talk about a work year being 50 weeks rather than 52...... Since we are talking averages, it probably does not matter very much anyway.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  6. #6
    Join Date
    Jan 2016
    Posts
    11

    Default Re: Do I Get Work Comp Based on the Hours I Was Working at Time of Injury

    Mr. Domino,
    Hello to do my best answering your question, know this I am not an attorney.
    It would of course depend how long you worked for the employer. Let's presume you worked there multiple years. WC would give you a average weekly wage (AWW) by adding the prior 52 weeks from date of injury to get a total sum. Take total sum divide by 52 that will give you your AWW. In Wisconsin you receive 66.67% or 2/3 of your AWW (this is tax free), up to the state maximum, in 2015 max was 911.00. I know that in 2016 it went up but I don't want to quote a number as I do not know the exact number for certain. If you don't have 52 weeks worked prior to injury the calculation of course takes a change, but again I do not want to quote.
    You can google wage charts for workers comp in Wisconsin to find out your exact amount for 52 week prior to injury.
    I really hope this helps you in at least a small way,good luck in this maze of Wisconsin workers comp

Similar Threads

  1. Injured When Working After Hours
    By nosmokingbandit in forum Legal Issues
    Replies: 3
    Last Post: 04-07-2010, 11:28 PM
  2. Working More Hours on Work Comp
    By hortino1 in forum Kansas
    Replies: 1
    Last Post: 12-23-2009, 05:45 AM
  3. Replies: 2
    Last Post: 11-11-2009, 07:24 AM
  4. Reduced Hours at Work After Injury
    By Mrfitz1955 in forum Employment
    Replies: 3
    Last Post: 09-02-2009, 01:04 PM
  5. Hours Reduction From Light Duty For Work Injury
    By cjg in forum South Carolina
    Replies: 1
    Last Post: 10-24-2006, 03:48 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer