Determining the rate for workers’ compensation can be difficult for any workplace injury. The employer and insurance company typically base it different variables such as the severity of the damage, the worker’s salary and who was responsible for the accident.
While the Defense Base Act (DBA) still varies based upon the accident’s circumstances, it is slightly more straightforward than other careers as most severe injuries often have a set amount no matter if you are working the docks in Louisiana or Iraq. If you want to be able to calculate how this affects your annual earnings, you should know the standard process.
The average weekly wage
The key part towards figuring out your compensation rate is how much your average weekly wage is. For most normal employees, you can solve this by taking your wages from the previous year and dividing it by 52.
Afterwards, you can find out your compensation rate by multiplying your average weekly wage by two-thirds. October marks the beginning of the newest fiscal year for the maximum and minimum rates you can acquire. The new maximum rate is $1,510.76 per week while the minimum is $377.69. The national average is $755.38.
As with most careers, how much you receive from the DBA ultimately depends on how bad your injuries are and your job conditions prior to the accident. The compensation rate ends once you prove you are able to work again either in the same place or a different position at the company. The company can provide you additional money if your newer position does not pay you as well as the original or your conditions turns out to be worse than previously thought. You should also research different permanent injuries to see if you are eligible for additional scheduled awards.
The company can pay you less if they determine that you did not work substantially throughout the whole year. They could cite this if you do not typically work full work weeks or you were just starting out for the job. The U.S. Department of Labor recommends reviewing several employment documents such as your contract, tax forms and social security numbers to get a sense of what your work will amount to and what your employer will allow.
With how confusing and crucial this process can be, you should consider contacting an attorney that knows about the DBA to help you figure out what you should be rightfully earning for your injuries.