There Is No Free Lunch In Workers’ Comp

By: Rodman Martin, Esq.

Believe it or not, if you were injured on the job and meals were included as part of your compensation/employment, the above title of this blog post is good news for you! You could be entitled to increased temporary disability benefits from your workers compensation claim.

When a person is injured and is then off of work because they are receiving treatment and recovering from the injury, the person should then be receiving temporary disability (TD) payments.  Temporary disability is calculated as 2/3 of your average weekly wage (before taxes) at the time you were injured.  Temporary disability payments are capped at different amounts depending on the year in which your injury occurred. For example, for injuries occurring in 2018 the max temporary disability amount paid to injured workers is $1,215.27 per week.

Within that calculation, other items likes tips and meals should be included if they are provided for at the work place.  Let’s say for example that your work provided you with a lunch that is worth $10 everyday.  If you are off of work and not getting that lunch everyday anymore, then its value should be reflected in your weekly TD rate, which would mean an additional $6.66 per day.

Figuring out what the TD rate should be can get a little complicated, and a lawyer can often help in figuring it out. Contact our office to discuss your workers compensation case today.

Disclaimer: The information provided above pertains to the law and is intended to help the person visiting this site with legal information. But legal information is not the same as legal advice; the application of law to an individual’s specific circumstances. No guarantees are made as to the accuracy and applicability of the information provided to a particular person’s situation and legal needs. It is recommended that the person consult with a lawyer in order to professionally evaluate their particular situation.