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Understanding Your Temporary Disability Rate In A Worker’s Compensation Claim

Q: Before I got hurt I worked a lot of overtime. But I’ve heard that employers or his insurer doesn’t want to include my overtime in my workers’  compensation settlement.

A: One of the things that comes up in a workers’ compensation claim is the rate of pay that a person made at their job before the accident. It is very common to see that insurance companies have not paid somebody at the proper temporary disability rate.

One of the aspects of this is that the employer claims that overtime should not be included in the calculation of a person’s average monthly wage.

That’s not true. A person’s average weekly wage includes the overtime that is regularly worked or mandatory. This makes a difference not only in the amount of money a person receives during the time that they are unable to work due to the doctor’s suggestions, but it also makes a difference in the calculation of the permanent partial disability awarded at the very end of their case.

Therefore, it is important to figure out that average weekly wage and to make sure that they are paying you at the proper rate early on in the case.

Kirkpatrick Law Offices: Worker’s Compensation Lawyer In Belleville, IL

About Erick:

Erick Kirkpatrick is an attorney practicing in Belleville, Illinois with Kirkpatrick Law Offices. The areas that I practice in are Workers Compensation and Personal Injury. That means that I represent people who are hurt at work, who have worker’s compensation claims and people who are injured in other manners such as automobile accidents, construction accidents and things of that sort.

If you’ve been hurt in an accident, feel free to call me at 618-239-6070. You can also email me at eric@lawkirkpatrick.com My office is open M-F from 8:00am until 4:30 or 5:00pm. I will do my best to get back to you quickly.


The Kirkpatrick Law Office proudly serves clients as a personal injury lawyer in St Clair County, Illinois and a personal injury lawyer, coal mine injury attorney, industrial accident lawyer, workers compensation and construction accident lawyer in Belleville, Illinois and other areas of Southern Illinois including but not limited to Carbondale, IL, Goreville, IL, De Soto, IL, Murphrysboro, IL, Freeburg, IL, Coulterville, IL, Hecker, IL, Waterloo, IL, Sparta, IL, St. Clair County, IL, Madison County, IL, Johnson County, IL, Randolph County, IL, Clinton County, IL and other Southern Illinois locations.

We typically assist injured workers and people with neck injuries, back injuries, knee injuries, shoulder injuries, elbow injuries, carpal tunnel syndrome, people requiring back surgery, coal mine injuries, union worker injuries, iron worker injuries, boilermaker, pipefitter and laborer injuries, those hurt as a result of construction accidents, road construction, semi-truck accidents, cell phone drivers, discrimination, warehouse injuries. We also help people hurt in nursing home injuries while lifting patients in nursing homes or other medical facilities.