- Rate: The amount of your weekly cash payments, also known as your "weekly benefits", is based upon your average earnings prior to the work injury, known as your AWW- Average Weekly Wage. If you are paid on an hourly basis, generally your rate will be based upon your average wages for a 13 week period prior to your work injury, excluding short weeks (weeks in which you did not work a full 40 hours). Your weekly rate is based upon your marital status, your number of exemptions, and your AWW- Average Weekly Wage multiplied times 80% of your spendable weekly earnings. There are both minimum and maximum rates for permanent disability benefits based upon the statewide average weekly wage. Our experience is that in about 50% of our cases, the employer/insurance company has underpaid the employee by using a lower weekly rate than what is owed. That is why in every case the weekly rate should be checked as it can make thousands of dollars of difference.

We will cover the other 5 basic rights in our next article.

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