North Carolina  |  Workers Comp

Legal Question

Asked on: 1/29/07, 9:37 pm

Worker Comp weekly benefit calculations

I was injured in August 2006. I have always worked overtime since I've been with the company (11 yrs). My employer submitted the paperwork only using my hourly rate and not including any overtime. Using my hourly rate reflects a difference of over $350.00 weekly. Should my average weekly wages be calculated using the last 52 months of earnings which would include overtime at 66 2/3? Please advise as I have already been short changed quite a bit in earnings. I discussed it with my boss and they seem to think they are correct and have done nothing to correct this matter. Is there something that I can do on my own by submitting documentation to the Industrial Commission or Insurance Carrier to support proof of my earnings?

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