Calculating Your Louisiana Workers' Compensation Income Benefits

The Louisiana Workers Compensation Act and the Louisiana Office of Workers Compensation provide very clear instructions about how to calculate your income benefits. Unfortunately, a huge number of people still get benefits at the wrong rate. The primary reasons Workers Compensation insurance companies pay benefits at incorrect rates are:

1. They received incorrect or incomplete income information from the employer.
2. They used the wrong calculation method.
3. They made a calculation error that was never corrected.
   
4. They failed to include taxable fringe benefits.

Before you can calculate your income benefits, you must first figure out your "average weekly wage." For most people, their average weekly wage equals their average gross wages during the four full weeks before their accident. The Louisiana Workers Compensation Act and the Louisiana Workers Compensation Courts have provided detailed information about calculating your "average weekly wage" in virtually all employment situations. The law address questions such as:

• what is a "full week"?
• when should a payroll week begin and end?
• what if you were on vacation?
• what if you were a subcontractor?
  
• what if you just started working at a new job?
• what if you had more than one job?
• what if your income is irregular, seasonal or based upon a commission?
• what if you just got a raise or were about to get a raise?
  

Once you know your average weekly wage, you can multiply that number by two-thirds to determine your correct Workers' Compensation income benefits rate. Those payments are subject to the maximum and minimum benefit levels listed below:

Injury Date:
Sept 1, 1998-Aug 31, 1999 ..... Max. $367.00 .... Min. $ 98.00
Sept 1, 1999-Aug 31, 2000 .... Max. $384.00 .... Min. $102.00
Sept 1, 2000-Aug 31, 2001 .... Max. $388.00 .... Min. $104.00
Sept 1, 2001-Aug 31, 2002 .... Max. $398.00 .... Min. $106.00
Sept 1, 2002-Aug 31, 2003 .... Max. $416.00 .... Min. $111.00
Sept 1, 2003-Aug 31, 2004 .... Max. $429.00 .... Min. $114.00
Sept 1, 2004-Aug 31, 2005 .... Max. $438.00 .... Min. $117.00
Sept 1, 2005-Aug 31, 2006 .... Max. $454.00 .... Min. $121.00
Sept 1, 2006-Aug 31, 2007 .... Max. $478.00 .... Min. $127.00
Sept.1, 2007-Aug 31, 2008 .... Max. $522.00 .... Min. $139.00
Sept.1, 2008-Aug 31, 2009 .... Max. $546.00 .... Min. $146.00

David Buie is a Louisiana Compensation Attorney
who represents individuals throughout Louisiana.
For more information, visit DavidBuie.com