An employee injured on the job who misses time from work is entitled to a lost wage benefit called Temporary Income Benefits or TIBS. Temporary Income Benefits begin to accrue on the eighth day of your inability to work. The amount of your TIBS check is usually 70% of your average weekly wage. You should receive this compensation as long as you are off work or are earning less than 70% of your average weekly wage up until a doctor says you have reached maximum medical improvement or MMI.
Your average weekly wage is the key to the amount of money you get in compensation for your workers compensation claim. If the insurance company shorts you the amount they owe you--even only a little bit--that can add up to a lot of money over time. Consider this example: assume a worker is shorted $30 a check. Over the course of a year, that is $1,560.00. Now, if that person gets benefits for the full 401 weeks, that is $12,030.00 they are being shorted.
So, how does an insurance company get away with shorting your temporary income benefits? Well, rarely does the insurance adjuster know that you aren't being paid the right amount. The insurance adjuster goes off of a wage statement that is provided by your employer. If your employer fills out the wage statement correctly, then the adjuster calculates the amount of temporary income benefits and rarely looks at the check amount again. That is why it is important to have a lawyer working on your case because the lawyer will audit the wage statement and make sure that you are paid the maximum amount of temporary income benefits to which you are entitled.
Sometimes, even if the wage statement is correctly filled out, an argument can be made that the average weekly wage rate is unfair. In those situations, you can make a legal case for "fair, just and reasonable" calculation of the average weekly wage rate. What is important to understand about this, though, is that no one--not the insurance adjuster, not your doctor, not an office of injured employee counsel ombudsman--again, no one, will look out for you to see if a legal argument can be made for a fair, just and reasonable average weekly wage except a lawyer.
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When you are injured on the job, whether the injury is your fault or the fault of others, you can get compensation and medical treatment. Call us to find out more.
Automobile collisions are a leading cause of injuries in the United States. If you are in a car wreck, call us to get compensation for your injuries and get your vehicle repaired. Fast.
The trucking industry has numerous laws and regulations that must be followed. When in a collision with a big rig, you need a lawyer experienced and knowledgeable in these laws and regulations. John Gibson is that lawyer.
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Worker's Compensation cases can be very paperwork intensive. Filing the wrong form or turning it in late can mean the difference between getting money to make your rent and losing everything. We take care of the paperwork, so you don't have to.
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