How Much Does Workers’ Compensation Pay While I’m Off Work?

Payment for benefits for lost wages are based on two separate calculations depending on how long an injured worker remains unable to return to work.  

The first calculation is called the full weekly wage (FWW) and it will be used to pay an injured worker for the first 12 weeks that he is off of work.  It’s important to understand that under workers’ compensation an injured worker is eligible for payment of his lost wages once he has missed seven consecutive days.  This includes Saturday and Sunday, even if you are not scheduled to work. However, the payment of benefits for the initial seven (7) days missed is not payable until the injured worker has missed an additional seven (7) days; at that time, the full 14 days is payable to the injured worker.  The amount you are paid is based upon the full weekly wage calculation.  This is determined by taking the weekly average of the full pay for the six weeks prior to the injury.  Under Ohio law, an injured worker is paid 72% of their full weekly wage for the first twelve (12)weeks of their time off work due to a work-related injury. All workers’ compensation benefits are tax-free benefit payments.  

However, if the last full week worked, prior to the date of injury, excluding overtime, is a higher figure than the six-week-average, theBWC will pay based upon the higher figure. For example, if the injured worker made $1,000.00 a week, for the six weeks prior to the injury, the injured worker would have a full weekly wage of $1,000.00/week. The BWC will pay 72% of the FWW for the first 12 weeks off work, at a rate of $720.00/ week.

In the alternative, if the injured worker made $700.00 six weeks prior to her injury, but mad $1,300.00 the week before the injury, theBWC will use the $1,300.00 as the FWW and pay the injured worker at a rate of $936.00.  

In the rare circumstance that the injured worker had not worked the full week prior to the injury, she or he will receive a benefit equaling the hourly rate for which they were hired.

After the first twelve (12) weeks of temporary total disability benefits (TTD), the BWC benefits switch to the average weekly wage (AWW).  This is calculated by taking the average of the total wages earned for the fifty-two(52) weeks prior to injury.  If the injured worker did not work for the full fifty-two (52) weeks prior to injury, it is important to contact a workers’ compensation attorney to determine if you are subject to an exemption of that time from your wage calculation (i.e., if unemployed but looking for work, or in school, or receiving unemployment benefits). Another situation arises when the injured worker is off work due to another medical reason in the year prior to the work injury.  If this is the case, the injured worker must produce evidence that she or he was taken off work by a medical provider.  In these situations, the injured workers average weekly wage can be calculated based only upon the weeks worked, giving rise to a higher average weekly wage.  Our office is highly experienced in this area of workers’ compensation law, and understand the factors to be reviewed in order to determine the benefits to which you are entitled.  

A final “special circumstance”that affects the calculation of AWW involves those who have newly entered the work force.  In order to provide them with a fair average weekly wage, other factors can be considered before limiting the injured worker’s payments to the low wage rate.  If this sounds like a situation you are facing, please contact our office to discuss the details of your claim and determine whether you are receiving proper benefits.  

Finally, it is important to understand that the BWC limits the benefits that can be paid to an injured worker for lost time (maximums and minimums). These amounts are set for by statute on an annual basis, and are based upon the year of the injury/claim.  You can obtain these benefit ranges by contacting our office for more information.