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An Example of Temporary Disability Benefits

To be clear, let’s analyze an example of a temporary disability benefit for injured workers. If an injured worker is unable to return to work after recovery, state labor law provides temporary disability benefits equal to 70% of the average weekly earnings for the six months prior to the injury or illness. This means that someone who earned $20 an hour in a 40-hour week before the injury earned an average salary of $800. In this situation, the injured worker legally receives temporary disability benefits of $560 per week. If the average wage is $700 per week, the worker will earn only $490 per week.

Calculating you verage weekly wage

Calculating your average weekly salary isn’t as difficult as you might think. Add your weekly salary for the 6 months preceding your injury and divide by 26. The number 26 is used because it is the total number of weeks in 6 months. For example, a worker who earns $1,000 per week in half the state but only $950 per week in the other half has an average salary of $975. This is determined by adding 13 weeks of earnings of $975 to 13 weeks of earnings of $1,000 and dividing by the previous 26 weeks.

However, if the income is not regular, the employee can equalize his salary by the hours worked in a week by the employee or a similar employee. For example, a person who usually works 35 hours per week and earns $12 per hour will earn an average salary of $420. There are situations when the employee cannot declare his working hours on time every week. In this case, multiply the amount paid by the number of hours normally worked by people with similar skills in the same job or in the same field. Using the example described above, a person working an average of 40 hours per week would have an average salary of $480.

Additional benefits are included in the average monthly payment

Let’s look at additional benefits such as address, location, etc. These additional benefits are included in the employee’s average weekly salary and are provided directly by the employer as part of the salary. In addition, tips received in the process of hiring someone other than your employer are also part of your average weekly salary. However, this tip only counts if the employee keeps a daily/weekly record of the amount received. Those who do not follow the instructions may be faced with a situation where judges set an average weekly number which is added to the average weekly amount of the employee’s unemployment benefit.

Schibell Law LLC Attorneys at Law are at Your Service

Our New Jersey workers’ compensation attorneys are here to help you maximize your compensation after suffering a work-related injury or illness. Reach out to us at 732-774-1000 to schedule an initial consultation.

Richard N. Schibell, Esq.

is the founding partner at Schibell Law LLC concentrating in all aspects of Workers’ Compensation throughout New Jersey. Mr. Richard N Schibell graduated from Boston College with a Bachelor of Arts, concentrating in both Philosophy and History. He went on to receive his Juris Doctorate degree from Seton Hall University School of Law.

Following his graduation from law school, Mr. Schibell served as a Judicial Law Clerk to the Honorable Richard W. English, J.S.C., in the Civil Division of the Monmouth County Superior Court.