1. Junior Member
Join Date
May 2018
Posts
2

Changing Jobs Before MMI

2. Senior Member
Join Date
Oct 1971
Posts
4,890

Re: Changing Jobs Before MMI

Wait until the resolution of your claim before changing jobs - consult and hire an attorney before settling otherwise they'll low ball you.

Tony

3. Junior Member
Join Date
May 2018
Posts
2

Re: Changing Jobs Before MMI

So, your opinion is to wait for another 6 months to a year? My family cannot sustain our home on this limited income.

4. Senior Member
Join Date
Oct 1971
Posts
4,890

Re: Changing Jobs Before MMI

tanda 156
Quoting tanda156
So, your opinion is to wait for another 6 months to a year? My family cannot sustain our home on this limited income.
Do what you have to do, ideally you should wait otherwise you'll jeopardize the wage loss side of your claim.
You really need to consult a lawyer before deciding anything, it sounds like that employer and carrier aren't being honest with you.

I'm a milkman. So, becoming injured in August they went back over the summer months to get my average, but I lose 1/3 of my income during the summer. So right now I'm only bringing home about 52% of my average income.
That's not correct, weeks when your income was abnormally low should be excluded from the calculation.
They need to determine the AWW by the 26 weeks preceding your accident date, excluding the abnormally low income weeks in the calculation.

Calculation of AWW for Temporary Total Disability Purposes:
For purposes of calculating temporary total disability, the employer multiplies the gross hours worked by the employee during the 26 weeks preceding the accident by the hourly rate of pay earned at the time the hours were worked. This provides the employee’s gross wages. Once gross wages are calculated, that number is divided by 26 (or the number of weeks worked by the employee prior to the injury) to determine the AWW.
Note that any weeks where the employee’s hours were “abnormally low” are excluded from this calculation. For example, if there are two abnormally low weeks, those hours are excluded from the gross wages calculation and gross wages would be divided by 24 (rather than 26). For purposes of Temporary Total Disability benefits, the AWW calculation applies regardless of whether the employee works more than 40 hours per week or less than 40 hours per week. As seen below, this is not necessarily the case with Permanent Partial Disability Benefits.
https://baylorevnenworkerscompensati...fits-purposes/

If you return to work at a lower paying job, you'll be eligible for temporary partial disability benefits.

Temporary Disability Benefits
In Nebraska, temporary total disability benefits are paid when an employee needs time off work while being treated for a work injury. The first seven days of missed work are not paid unless you need more than six weeks off work.
Benefits for temporary total disability are two-thirds of your average weekly wage. However, you cannot receive more than a maximum amount set by law each year. For 2017, the maximum weekly benefit is \$817 per week.
If you’re able to work during this time, but you are earning less due to your injury, you can receive temporary partial disability benefits. These benefits are two-thirds of the difference between your wages before your injury and what you’re able to earn now, subject to the same weekly maximum mentioned above. Temporary partial benefits are paid for a maximum of 300 weeks.

Tony

5. Senior Member
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Feb 2007
Location
Charlotte, NC
Posts
3,731

Re: Changing Jobs Before MMI

The poster needs to talk to a good workers' comp lawyer.

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