First off, let me say that we have some knowledgable and sophisticated folks here, but I want to share a trap I just pulled out of.
The following applies to the State of Ohio, but you may have a similar law in your state:
Average Weekly Wage
Under R.C. 4123.61, the Average Weekly Wage (A.W.W. or AWW) is the basis of compensation payments, except for the first twelve weeks of temporary total. The average weekly wage is determined by dividing the injured worker's total earnings for the year before the injury by 52 weeks. There is a statewide maximum average weekly wage which cannot be exceeded. In certain situations, the average weekly wage may be recalculated due to special circumstances.
Be advised that some unscrupulous employers falsely report wage histories, knowing that the AWW is calculated by the BWC based on these reported earnings.
If the employer under-reports wage history by say for example, just a month or so on all of their injured workers, this results in a savings to the employer of thousands of dollars per year.
In checking what my employer reported, they failed to report two (2) months of my income. Employer intentionally chopped an entire month off both the front and back of my wage history.
Two month's wages is a pretty good chunk of change, which if I had not caught it, has and would continue to result in the substantial under-payment of TTD.
If you have worked for Employee Leasing Services, Inc., (ELS,Inc.) or any of its subsidiaries, who are (d/b/a doing business as) different names, one of which is Star Employment Solutions, LLC, be alert, because they are thoroughly corrupt and fraudulently conceal wage information across the board.
If you have ever worked for "Hooter's" for example, (
Good information. This applies to all employers. As Wolf stated, check the information that is being provided to your IC for accuracy. Be prepared to produce wage statements, pay check stubs, W2 forms or past tax returns (only if you have to get this far) to prove your prior income.
Also, not for WC purposes, but in general, every 2 years the SS Admin. sends a record of your reported wages to your home address. Check it against your W2 and tas records.
I had the same thing happen when I first went on TTD. I was working 7 days a week mandatory for nine months before I was injured. My employer tried to claim only 40 hour weeks. I was in shock when I recieved my first TTD, it was quickly straightened out! Any overtime you worked should be counted. It made 175 difference in my TTD.
Lucky you guys...My TTD hasn't been correct for five years now and I have notified my attorney with pay stubs etc. long ago. I have a on top of everything attorney! TTD means nothing to attorneys in California since they get no cut. Mine was the same as Mandy. They are only paying for 40 hr week even though I worked 7 day streight and overtime. My only recourse I guess is not to settle until this is settled.
If your TTD is not correct in CA and your Atty is good you are entitled to
penalties, sanctions and self imposed penalties and interest for the IC being wrong on calculating the TTD wrong, you need to bring this to the attention of the Atty. It takes extra work but it is better for the IW in the end. So stay on top of the
"ON TOP OF EVERYTHING ATTY "
Not me: your attorney CAN get a cut of TTD if they work to get it straightened out!
If you provide your attorney will all necessary documentation of your wages, he would be remiss to not pursue correction by way of expedited hearing.
Thank you Maria,
I forgot that part, being in Pro Per I consider all the money to be mine so I do not share LOL.
Yes indeed the Atty can get a cut of the TTD.
Oh...so maybe that is why he has delayed in taking care of this TTD situation. Is it the longer it is not paid more for him? I have notifed him several times and he has done nothing. I have seen the foto copies of my pay stubs I sent him in the file but he has done nothing. I told him in frustration, "I guess I will just have to wait until we settle." So what do you suggest I do? I sent him certified mail awhile back about this situation and I have not heard a thing. Will I need to send certified mail again? This is my money and I can sure use it.
not necessarily the issue here. Many Applicant Atty's are in a real mess right now in CA, overwhelmed, frustrated and sort of waiting/riding out the wave. Although I believe this is not a good enough reason to let an IW hang in the wind.
Many AA also do not feel it absolutly necessary to fight for multiple penalties and sanctions etc etc.
The old LC 5814 is for the moment gone but, although maybe just maybe not forever. So the Atty might just be waiting and seeing.
He should at least be responding to your registered return receipt letter, that would be common courtesy.
Make an appointment to speak with him in person about this issue, and /or have a phone conferance regarding this.
Hey, "Not Me", your attorney is probably just swamped. Keep calling him, and be nice to him. If he thinks you are mad at him he may try to avoid talking to you. Sometimes the squeaky wheel is the one that gets the grease.