Q. I was injured at work, and I have been off of work receiving a weekly benefit. Why is my weekly benefit significantly less than my regular weekly wage?
A. The Iowa Workers' Compensation laws require the Workers' Compensation insurance carrier and employer to provide weekly benefits when you are off of work as the result of an injury. This weekly benefit is approximately two-thirds your gross wage. “Approximate” is the keyword as it can be a very complex calculation that depends upon a number of factors. The reason the Iowa Workers' Compensation benefit is less than your gross weekly wages is because it is not taxable. The intention of the law is for you to receive slightly less than what you received after tax when you were working.
In my practice I find that in a majority of the cases the amount paid by the Workers’ Compensation Carrier is incorrect and typically too low. They tend to make errors in their calculations that result in you receiving less than should.
Because the Iowa Workers' Compensation weekly benefit is susceptible to many subjective interpretations, it’s important that it be calculated in a manner that is most advantageous to the injured worker. It is clear that the Workers' Compensation insurance carrier will try to make the calculations that result in the lowest rate possible.
Because of the complex nature of these calculations and their importance, it is important to speak to an experienced Workers’ Compensation Attorney Iowa. Many will offer a free initial consultation similar to Pothitakis Law Firm, P.C.