Including Overtime in Workers’ Compensation Wages: What Illinois Law Says
Should the amount of your workers’ compensation benefit check include consideration of overtime pay?
We get this question often. For the most part, the answer is no, but as usual, there are exceptions.
Average Weekly Wage
When employers determine payment for a workers’ compensation claim, they determine what is known as the average weekly wage. This figure is calculated by taking an injured person’s total earnings for the year prior to the injury divided by 52 weeks. An employer will include overtime only if one of the following conditions are met:
- The employee needs to show that the overtime is regular and consistent; or
- The employee needs to show that the overtime is mandatory.
An example of a job where these conditions hold true might be in retail, where during the holiday season overtime is required in order to perform one’s job.
Why Workers’ Compensation Settlements Differ
Understanding the average weekly wage is crucial to understanding why some workers’ compensation settlements can be higher than others. Let’s say two people suffer the same injury on the job. But Person A makes $100,000 a year, and Person B makes $75,000. All things being equal, Person A will get a higher settlement because Person A’s average weekly wage is higher than Person B’s.
An attorney with workers’ compensation experience can help you navigate the vagaries of the law. Don’t assume that your employer is interpreting the law correctly. If you believe you are being denied overtime that should be part of your worker’s compensation wages, get legal help. We have been representing workers’ compensation clients in Illinois and Iowa for 30 years. Learn more about our work through our case studies and testimonials. We’re always in your corner.
Call Capron & Avgerinos
Call Capron & Avgerinos now at (800) 535-4542 if you need help with a workers’ compensation case in Illinois or Iowa. As your Illinois and Iowa Injury Network, we are ready to assist you over the phone or in person. We perform our cases on a contingent fee basis, which means we are not paid unless you recover compensation for your claim. Call Capron & Avgerinos at (800) 535-4542. Let us show how we can deliver results for you.