Workers’ compensation benefits are benefits provided to employees who have been injured or become ill as a result of their work. These benefits are designed to help cover the costs associated with the injury or illness and help the employee recover and return to work.
In the state of California, the calculation of workers’ compensation benefits is based on the severity of the injury suffered by the worker, and the amount of lost wages when the injury has prevented the worker from continuing to attend work.
How workers’ compensation benefits are calculated
Workers’ compensation benefits are calculated based on several factors, including the injured worker’s average weekly earnings prior to the injury and the extent of the injury.
Earnings from the last 52 weeks prior to the injury are taken into account to calculate the injured worker’s average weekly earnings (AWE). The AWE is calculated by adding up the total earnings during that period and then dividing by 52. Overtime, bonuses, and other forms of compensation are also included in the calculation.
Once the average weekly earnings have been determined, the amount of workers’ compensation benefits is calculated as follows:
– During the first 104 weeks of temporary disability, the worker is entitled to receive two-thirds of his average weekly income up to a maximum amount established by the state.
– If the worker’s injury results in permanent disability, the amount of the benefit will depend on the percentage of disability determined by a qualified physician. Subsequently, the benefit is calculated based on a formula that takes into account the average weekly income, age and occupation of the worker.
-In cases where the worker’s injury results in the worker’s death, the worker’s dependents are entitled to receive death benefits, which are calculated based on a percentage of the worker’s average weekly income.
The best way to ensure that you receive all the benefits to which you are entitled is to seek the advice of an experienced workers’ compensation attorney. With her help, you can be sure to receive the compensation you deserve for the injury you have suffered. At Grupo Vía Dorada we can help you, call us today and schedule a consultation!