Legal Question in Workers Comp in North Carolina

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?

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

1 Answer from Attorneys

Stephen Camak Lennon, Camak & Bertics, PLLC

Re: Worker Comp weekly benefit calculations

You are correct. AWW is typically calculated by averaging the 52 weeks preceding your date of accident, including overtime.

You need to request a properly executed Form 22 be prepared by the employer/carrier ASAP. Pursuant to IC Rule 607, you can also demand wage records from your employer/carrier.

File a Form 18 within 2 years of your date of injury, as well as a Form 33 Request for Hearing for "underpayment of benefits". You can always withdraw the hearing request if they come to their senses before hearing.

You can find these forms on NC Industrial Commission website, a link to which can be found at Best of luck!

S. Neal Camak

Bd. Certified NC Workers' Compensation Law Specialist

Lennon & Camak, PLLC

Raleigh, NC

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Answered on 2/06/07, 8:30 pm

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