The short answer to this question is “No”. The long answer involves a series of calculations that are used to determine the amount of money an injured worker may receive while on temporary total disability
For the first 12 weeks of temporary total disability, an injured worker is paid at a rate called the full weekly wage (FWW). To determine this amount, the calculation looks at the 6 weeks of pay immediately before the date of injury and averages the weekly pay. That amount is compared to the pay without overtime the week before the date of injury and the number that is higher is the amount that is used. The actual payment to an injured worker is 72% of the FWW rate.
Starting the 13th week, an injured worker is paid at a rate called the average weekly wage (AWW). This amount is calculated by looking at the total amount an injured worker was paid for one full year prior to the date of injury and finding the average per week. If an injured worker held several jobs during this time period, it is possible to use all the wages and not just the wages from the employer of record. Additionally, certain situations may require the exclusion of weeks from this calculation and that will vary on a case by case basis. Just like the FWW rate, an injured worker is paid at 66 and 2/3% of the AWW rate and there is a maximum amount allowed by the BWC for the AWW.
These calculations can be confusing and difficult. Furthermore, each case is unique and the amount may vary between our calculation and the BWC or the employer. If you have any questions concerning the amount you receive from the BWC, please contact your attorney to discuss this further.
-Andrew C. Mikulecky, Esq.