I am getting paid a weekly check after I got hurt at work, but it is not the right amount. Is there anything I can do?
Answer: Yes. There are numerous ways to figure out how much you may be entitled to in terms of your compensation rate under the workers compensation statute. The amount that you are paid under workers compensation is based on your average weekly wage. That is not based on your take-home pay but your GROSS average weekly wage you typically earned with your employer before you were hurt.
We would be happy to take a look at your past earnings to help you determine whether you are being paid enough, and if your employer is choosing a fair method to make that determination. If it is clearly insufficient under the law, and if the workers compensation carrier will not voluntarily agree to remedy their mistake, a motion or hearing with the Workers Compensation Commission may be warranted to get you back pay and get your compensation checks back on track.