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  1. #1
    Join Date
    May 2010
    Location
    Hawaii
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    8

    Default Counting Weeks That I Work

    My workers compensation claim was made in the State of: Hawaii

    Hey everyone, I work from August 2, 06 to Oct 19, 06 the day I got injured. The week that I work before I got injured won't count. I counted the days that I work when I first started working to the day I got injured it was 44 days. How do I get the total weeks out of the 44 days that I work.

    If I work 1 or 2 days in a week does that count as a week or do I divide 5 or 7 days in to the 44 days that I work.


    We only work 5 days in a week only senorities could work 7 days in a week.

    I am thinking that I have worked 8 weeks and 4 days! and using the 8.4 to my actual earnings and that will show my average weekly wage. Is that ok or is that the right way?

    Trying to figure my AWW.
    Last edited by waterbird808; 01-09-2011 at 06:26 PM. Reason: Trying to figure my AWW.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,087

    Default Re: Counting Weeks That I Work

    How do I get the total weeks out of the 44 days that I work.
    You don't, you get the total weeks by how many weeks you worked.
    If you worked 1 day a week for 44 weeks, you then have 44 weeks worked.

    If I work 1 or 2 days in a week does that count as a week
    Yep

    I am thinking that I have worked 8 weeks and 4 days! and using the 8.4 to my actual earnings and that will show my average weekly wage. Is that ok or is that the right way?
    Nope

    You're twisting figures to better your situation.
    Your AWW is just that, the average you made during a typical week.
    If you worked 2 days a week, then that's your average.

    Tony
    Last edited by tony; 01-09-2011 at 06:41 PM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    May 2010
    Location
    Hawaii
    Posts
    8

    Default Re: Counting Weeks That I Work


    Hey Tony, Thanks for the quick respond just had to think of what you said for awhile.

    So ok if I go with the 11 weeks which the IC claim that I worked and used to calculate to get my weekly compensation benefit that makes my benefit low like I've been working for minium wage. I make $10.56 an hour and average 38 hours weekly. Is there another way to compute the AWW being that the shortness of weeks I worked instead of 11 weeks. I'm at awww

  4. #4
    Join Date
    Oct 1971
    Posts
    5,087

    Default Re: Counting Weeks That I Work

    It's the average of the last 52 weeks worked or in your case the 11 weeks.
    Tony
    Last edited by tony; 01-09-2011 at 10:48 PM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    May 2010
    Location
    Hawaii
    Posts
    8

    Default Re: Counting Weeks That I Work

    But I only work for the company from august to october not 52 weeks.

    Do we have something that being that you work less then 13 weeks in the law that you would have to compute the AWW this way.

    ---------- Post added at 11:33 PM ---------- Previous post was at 11:01 PM ----------

    Ok might find something that might help me about the week.

    The first week that I first started working I work only 2 days it should not count cause it was not a full week. Is that right.

    In this same example, you would not use the week of incapacity unless it was a full week worked.
    EX: If the employee was hired for 40 hours and worked 40 hours during the week of the incapacity, that
    week could be used on the wage statement. If the employee worked less than the 40 hours, you would
    not list the week, but would start with the week previous (no matter how many hours worked that week).
    The same rule applies for the week of hire if it appears on the wage statement, only use it if a full week was worked
    Last edited by waterbird808; 01-09-2011 at 11:37 PM.

  6. #6
    Join Date
    Oct 1971
    Posts
    5,087

    Default Re: Counting Weeks That I Work

    I was generalizing, here's the exact info.

    3) Where, by reason of the shortness of the time during which the employee has been in the employment or the casual nature or terms of the employment, it is not feasible to compute the average weekly wages on the basis of the injured employee's own earnings from that employment, regard may be had to the average weekly wages which during the twelve months preceding the injury was being earned by an employee in comparable employment.

    http://hawaii.gov/labor/law/hrs/386/HRS_0386-0051.htm

    Here's CHAPTER 386 WORKERS' COMPENSATION LAW
    http://hawaii.gov/labor/law/hrs/386/386.htm

    Tony
    Last edited by tony; 01-09-2011 at 11:42 PM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
    Join Date
    May 2010
    Location
    Hawaii
    Posts
    8

    Default Re: Counting Weeks That I Work

    Tony check my last post, I edit something on it. Ok about your last post what does that mean? can they still computate the 11 weeks or not? sorry i asking so much questions but I m bad in comprehending.

  8. #8
    Join Date
    Oct 1971
    Posts
    5,087

    Default Re: Counting Weeks That I Work

    Yes
    provided that where the employee holds part-time employment of fewer than thirty-five hours per week, the employee's average weekly wages shall be the hourly rate at the place of employment where the injury occurred multiplied by the average hours worked in the fifty-two weeks (or portions thereof) preceding the week in which the injury occurred, for the calculation of temporary partial disability

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  9. #9
    Join Date
    May 2010
    Location
    Hawaii
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    8

    Default Re: Counting Weeks That I Work

    ok, how do you calculate the hours when some weeks were under 35 hours and others were 38 hours would they still use the 11 weeks to computate the weekly average wages.

  10. #10
    Join Date
    Oct 1971
    Posts
    5,087

    Default Re: Counting Weeks That I Work

    Yep, if you have doubts you should talk to a lawyer, it'll cost you nothing for a consult.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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