Do You Understand What Wage Benefits Are In Your Workers’ Compensation Case?~2 min read
We understand that being injured on the job is stressful. In addition to an injury, you didn’t plan on and any associated limitations that may come along with it, you may also be looking at having to miss work during your recovery period. Losing out on your income can compound the stress of an already difficult situation. You should be aware that there are wage benefits available under workers’ compensation. There are a couple of basic things to understand about wage claims in New Hampshire in a workers’ compensation case.
Who is Covered by Workers’ Compensation?
All employees in New Hampshire are covered by workers’ compensation, no matter the size of the company, the type of employer, the structure of the business, etc. If you are an independent contractor and not an employee, then you are not covered by workers’ compensation. However, employees are commonly improperly designated as independent contractors. If you are hurt on the job, you should meet with a workers’ compensation attorney to have them determine your employment status and evaluate your claim.
Eligibility
Workers are not eligible for wage benefits until they have been out of work for two full weeks. This means that occasionally missing work for doctors’ appointments or missing a day or two after the injury is not going to make you eligible for wage benefits, because this does not meet the minimum time threshold for eligibility.
How Benefits Are Calculated
Your workers’ compensation benefits will be 60% of your average weekly wage for injuries which occurred on or after February 8, 1994. The employee’s average weekly wage will be calculated by determining the average gross earnings the employee has earned over the 26 weeks or 52 weeks (whichever is higher) prior to the injury.
Multiple Jobs
If you were employed by two or more employers subject to the Workers’ Compensation statute in NH or MA at the time of your injury, you are likely eligible to receive wage benefits based on the earnings from all of your employers.
Not All Income Applies
There are certain sources of income that are not eligible for wage benefits under the Workers’ Compensation statute. For example, uninsured self-employment or unreported earnings (“under the table” employment) will not be eligible for wage benefits under workers’ compensation.
Tax Status
Workers’ Compensation benefits are tax exempt. This includes wage benefits as well as lump sum settlements. These benefits are exempt from both federal and state income taxes.
Contact Parnell, Michels & Mckay
If you have been injured at work and are looking to meet with an attorney to discuss a Workers’ Compensation claim, please contact our office to schedule a consultation.
