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UncategorizedWorkers' CompensationWhat Is an Average Weekly Wage in Nebraska Work Comp Law? 

September 25, 2020

We all depend on the money we make to support ourselves and our families. But for employees who suffer a workplace injury or illness, the income that protects our livelihood often comes to a screeching halt. That’s why filing a workers’ compensation claim is so important, as is understanding your average weekly wage. This blog will explain the average weekly wage in Nebraska and why it needs to be determined correctly in order to receive full compensation for your injuries.

Nebraska Workers’ Compensation Lawyer 

Hurt at work? Unsure about your average weekly wage? Our experienced work comp attorney has the knowledge and skill you need to help you file and win your injury claim. Don’t wait until your claim is denied or the insurance company pressures you to take a low settlement offer. The workers’ compensation attorney at Watson & Carroll, P.C., L.L.O. will fight for your right to benefits so you can receive compensation, get relief from medical bills, and support your family. To share your story and start getting the benefits you deserve, call 402-234-8787 or fill out our confidential contact form. You also can message us via live chat on our home page. 

Free Workers’ Compensation Ebook: “Hurt on the Job?” 

If you’ve been hurt at work, you likely have questions. Our free ebook, “Hurt on the Job?” was written by our skilled Nebraska workers’ compensation attorney. It can help answer your questions, ease your mind, and help you make a decision to file a claim or hire an attorney. Download your free ebook here

What is My Average Weekly Wage? 

In Nebraska, the average weekly wage sets the rate at which your indemnity benefits are paid – like your time off work benefit and your permanent injury benefits. Under state statute, you are entitled to 2/3 of your average weekly wage when you cannot work due to a work injury or illness. That will last until you go back to work; possibly longer if you are unable to return to work at all. Your attorney will help you secure compensation based on your ability to work and whether your injury leaves you unable to perform your job function.   

The average weekly wage (AWW) is determined based in part on the income you earned in the 26 weeks prior to your injury.  If you worked at your company less than 26 weeks at the time of your injury, the average weekly wage is based on weeks you have actually worked. Tips are typically included in the calculation, as are commissions or earned bonuses. Health Insurance is not factored in. Per diems which only cover the cost associated with travel as well as overtime pay are excluded. Per diems which pay for more than the cost of travel can be included, but are often fought against by the insurance company. 

Average weekly wages are figured by the average earnings for a working day of ordinary length. That means overtime isn’t included unless the insurer provides for the collection of a premium based on overtime wages along with regular wages. While the overtime is not included in the calculation, the actual time spent at the regular hourly rate is included in the average.

Average weekly wage calculations are usually only straight forward when a person earns a consistent salary. But if any other factor like overtime, per diem, shift differentials, commission, bonuses, or other pay are factored in, it can become complicated very quickly. That’s why it’s important to seek the help of a work comp attorney as soon as possible after your injury. We can cut through the red tape, ensure your rights are protected, and stand up to overzealous insurers who will likely try to deny or diminish your injury claim. Let’s get started today! 

About Watson & Carroll 

Watson & Carroll, P.C., L.L.O., is not a high-volume law firm that only speaks with clients when it is absolutely necessary. For us, it’s personal. Our team works closely with our clients and their loved ones – not only so that we understand their challenges and concerns, but so we can tailor our approach to address those factors, aggressively pursue results, and secure peace of mind. Whether it is a workers’ compensation case to review, a personal injury claim, or fighting for your disability benefits, we fight to protect our clients and make sure their rights are upheld. 

Our firm can help you, especially during this critical, uncertain time. Call 402-234-8787 or email contact@watsoncarroll.com

You also can fill out our confidential form here to share your story. Let’s get started today!

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