Workers’ Comp Wage Replacement And Your AWW
Medical bills are only part of the equation when recovering from a job injury. For most workers, the immediate financial strain comes from missed paychecks.
Wage replacement benefits are generally calculated based on your average weekly wage, often referred to as your AWW. Have a conversation with a Baltimore personal injury lawyer about how AWW figures are determined. Then, you can be sure you receive the full benefits you are entitled to.
How AWW Is Determined
In Maryland, workers’ compensation claims are governed by the Maryland Workers’ Compensation Commission. The Commission uses your average weekly wage as the foundation for calculating disability benefits. In most cases, your AWW is determined by looking at your gross earnings during the 14 weeks immediately preceding your injury. This includes not just your base salary or hourly rate, but also overtime, bonuses, and certain other forms of compensation.
The calculation is designed to reflect what you were actually earning before you were hurt. For example, if you regularly worked overtime, that overtime pay should be included in your AWW. If you worked variable hours, your wage history during the relevant period becomes especially important. Even small errors in calculating your AWW can significantly impact the amount of compensation you receive each week.
Wage replacement benefits typically fall into different categories, including temporary total disability (TTD), temporary partial disability (TPD), and permanent disability benefits. For many injured workers, temporary total disability benefits equal two-thirds of their average weekly wage, subject to minimum and maximum limits set by Maryland law. Because these caps can change annually, it is important to confirm the applicable rate for the year of your injury.
Disputes frequently arise over what should be included in the AWW calculation. For example, seasonal employees, workers with multiple jobs, or individuals who recently received a raise may find that the standard 14-week formula does not fairly represent their true earning capacity. In certain circumstances, Maryland law allows alternative methods to ensure a more accurate calculation. However, this often requires legal advocacy and supporting documentation.
Employers and insurance carriers do not always calculate the AWW correctly. If your wage statement omits overtime, misstates your hourly rate, or excludes concurrent employment, your weekly checks could be lower than they should be. Once an incorrect AWW is established, it can affect every stage of your case, including settlement negotiations and permanent disability awards.
How a Lawyer Can Help
An experienced Baltimore personal injury lawyer who has successfully helped others with workers’ compensation claims can review your pay records, identify discrepancies, and present evidence to the Commission to support a higher and more accurate AWW. Proper calculation at the outset protects your financial stability while you focus on recovery.
Could the wage replacement you will receive be increased? Verifying your average weekly wage is one of the most important steps in safeguarding your right to full and fair wage benefits under Maryland law. Speak with the experienced attorneys at Iamele & Iamele, LLP to protect your rights. To learn more, contact us.
