Workers Compensation Attorney in Arden Hills, Minnesota

How is my average weekly wage determined in a workers’ comp case?

More In This Category

View Transcript

The law in our state says that when an injured worker sustains an injury and loses time from work that they should be compensated at a wage that reflects their earning capacity. The law is we typically go back 26 weeks from the date of injury, we take into account overtime, bonuses, concurrent employment – let’s say you worked two jobs at the time. We look at all of those. But in some instances, and I have a case at the court of appeals right now, we do other factors. Maybe the employee had just started working there so we don’t take the full 26 weeks; we just take the two weeks they worked there. Or they’re just giving a job and starting another concurrent job. So our goal is to find the employee’s earning capacity and convince the court by matter of fact and law that this should be a certain wage on their date of injury.

Minnesota Workers’ Comp and Social Security Disability attorney, Tom Atkinson, talks about what you receive in wages in a workers’ comp case.

More Videos From This Lawyer