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Does layoff affect avg. weekly wage?
#1
I was injured in Massachusetts while working for a landscaper. My question: It seems that the insurance company has recently modified my weekly reimbursement by about a third (and are claiming an overpayment of about $800). As near as I can tell, this is because they took my gross earnings for the previous 52 weeks and divided by 52. They had been using an estimate that was close to my average weekly wage. I was laid off for about 14 weeks last winter and rehired by the same company. Should they be dividing by the actual weeks worked, or by the 52? Any help on this would be appreciated, as I don't trust the insurance company to give me a straight answer. Thanks.
 
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#2
I am in NH and the ic used my last 25 weeks of pay and divided that and came up with my average pay. This also included weeks that i had worked overtime etc. I am not sure how mass. does it. I did not know they go back 52 weeks. Seems like a long way to go back.

Someone will come along that may know that answer.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
 
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#3
They can use the past 52 weeks.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#4
"To determine your benefits, take your actual gross earnings, including overtime, bonuses, etc., and divide this number by the number of weeks you worked at your job in order to compute your average weekly wage. Multiply that by 60% (.60) to come up with your approximate weekly compensation."
http://www.mass.gov/?pageID=elwdsubtopic...s&sid=Elwd

contact the comp board
Workers' compensation claim status, eligibility, issues 617-727-4900
800-323-3249
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
Im In VA and this happened to me. I worked for United and was Furloghed for part of the last 52 weeks and they could not use those days to take in to consideration. They did at first, but then my lawyer fixed it by telling them the dates that I did not work. I was told that they had to take the last 52 wks. of work and divide that by 52. So, for me, they had to go back aprox. 72 wks. to find 52 wks. that I actually worked, and then that was divided by 52. If a person is on vacation, sick leave...anything where there is a whole week that is not worked, they have to disregard that week and go to the next week, etc. If you worked a 1/2 week or any part of a week, they do use that as a whole week and will put that into the equation.

Good luck.
 
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