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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.