Workplace InjuryHow Are Workers’ Comp Benefits Calculated?

November 6, 2017by Aaron Allison

workers' compHow are workers’ comp benefits calculated, and how much are injured workers entitled to?

Your income benefits are calculated based on your average weekly wage (AWW). To figure out your average weekly wage, you add your earnings for the 13 weeks prior to the injury, including things like overtime, other special pay and any non-pecuniary wages (wages that aren’t in the form of money, like health insurance premiums, vehicle, clothing, etc.) your employer does not continue after the injury. Divide that number by 13 and you have your AWW. If you were not working for the employer for 13 weeks prior to your injury, you can calculate AWW by using the earnings of an employee with the same or a similar job.

If you have more than one job and your work injury occurred while working for an employer with workers’ comp insurance, and the injury prevents you from doing your other job, you can report any wages to the insurance provider that are reportable for federal income tax purposes for consideration of lost wages.

Using these numbers, you can calculate your workers’ comp benefits, depending on which of the four types of benefits you are seeking.

What Do I Do If I Am Injured at Work?

Our law firm has provided competent and honest legal representation for injured workers and their families since 1978. We know that a work injury can seriously complicate a person’s life, making it difficult to earn a living or support a family. Our law firm prides itself on providing clients individual attention and personalized counsel. If you have suffered an injury at work, our law firm is ready to assist you.

Aaron Allison

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Aaron Allison

Aaron Allison, a second-generation personal injury lawyer from Austin, follows in the footsteps of his father, who founded their firm in 1978. Admitted to practice by the Texas Supreme Court, the Federal Court for the Western District of Texas, the 5th Circuit Court of Appeals, and the U.S. Supreme Court, Aaron brings extensive legal expertise to his clients.

Specializing in personal injury cases, Aaron offers a distinct advantage for Texas workers injured on the job. With Texas workers' compensation laws leading many attorneys to avoid these cases, Aaron is one of only 40 lawyers among 95,000 in Texas who represent injured workers in straight workers' compensation cases. His firm continues to provide dedicated support for those suffering catastrophic work injuries, maintaining a proud tradition of advocacy spanning decades.