compensation

[1171]

stiff:
Tray is from Indiana which uses a 52 week average to determine the Average Weekly Wage.

[Manley2]

My lawyer had my overtime figured it to the amount they should be paying me but the hearing officer asked if it was manditory, since it was not they figured on just 40 hours a week. Everybody in my department worked alot of overtime but like I said I lost out because not only figuring the 66% now it was figured on about half of what I was making since I did work so much overtime. Even with my department working so much overtime they had an outside contractor come in to help with the work load. Still not sure why they didn't count my OT because from what I read on the way IL figures it they should have counted it since it was regularly worked. Just one more why to screw the working man

[j will]

Does anyone know the steps you need to take when wm. com stop paying your doctor bills, when it has been determine that you are disable and would not be able to work.

[1171]

yes.
you should start a new thread with your question and include your state.

[Still in Limbo]

Manley, I Understand Your Frustration about Overtime, but Maybe I can Clear this Up a bit for You, so you don't Stay Angry over the Decision. When You were Originally Hired, I would Assume it was for a 40 Hour Work Week, with Overtime when Available. Even though You could be Working Overtime every Week for Years, there is no Obligation for the Employer to Provide You with the Work, and Economic Conditions can Stop Overtime as Fast as it Starts. So by going by the Original Employment Arrangement, which Probably, unless I'm Incorrect was for 40 Hours per Week, so Your TTD Pay is to be Based on the 40 Hours, a Loop Hole I totally Agree, but nonetheless the Way the w/c System and Employers have to get around Adding Overtime to Increase Wages, thus a Higher TTD Pay Weekly. I am as Frustrated as You, I actually Have a Case going Out of the w/c Arena and to the Commonwealth Court of Pennsylvania dealing with Wage Calculation. Wish Me Luck, if I Win, Maybe it will Start a Change in other Wage Issues!!

[Manley2]

Limbo, thanks for the help and I know I will not win but it states over time is not figured unless regularly work. Well it was and to figure it only if it was forced it not right. If we didn't work it we would have been forced. My department was allowed to work 16 hour days 7 days a week if we wanted. I was forced but only once and I work a 17 and a half hour day but the employee forgets what we do for them!

[Bad Boy Bad Boy]

Manley, explain what kind of work you did.
(((ILLINOIS)))
As there is mandatory overtime, required overtime, and volunteered overtime.
Each one having a different meaning to when it comes to overtime being paid as lost wages in work comp.

If an employer ask an emplyee to work overtime, or to say "would you like to work overtime today" then the employee volunteers their time by say yes I will work work it. That will not be paid then under work comp wage lost.

When an employer makes a stands and say's you must work overtime, or your scheduled to work overtime, then this is part of a wage lost to work comp.

[Manley2]

I think I said it right. They offered the overtime and since everybody likes money we worked. It was stated if we didn't work enough overtime they would have to start forcing us but everybody worked enough they never forced it. Ask the company if that was ever said and I'm sure they say no. Part of what I stated was from what I have read. It stated that if overtime was regularly worked the it counted, nothing said about being forced or not. But then when it comes down to it they claim if it's not forced then it doesn't count. I work a min of 12 hour days 5 days a week ever since I had started working for this company which was about a year and a half before I was injured. I'm not wanting to argue with anybody about it but the rules should be more clear, regularly worked and forced are two differant things. I know I will never win and I know I will never see close to money I've lost since I was injuried. We all know the WC system is not set up for the injuried.

[Manley2]

Forgot I should have added. I'm not all the frustated about the overtime it's just the whole system. My employer started to screwing with my pay back in April 2007 and I've not seen it fixed yet. Yes my lawyer did start the process of getting it fixed but because they have lawyers too and there is really no extra cost in delaying payments they keep playing there games. I won my WC hearing on the emergency petion which was back in Nov 08. It's in the appeal process now and my lawyer says maybe by Feb 2010 we will get it paid. Sad things take so long to get anything done. I can see why injuried employee take thier own lives sometime after having to deal with all the crap this system makes us go thru.

[kate]

In the Indiana Workers Comp Handbook (from the state website) it says:

Sales commissions, overtime, and tips must be considered in calculating the employee’s average weekly wage.

I haven't found anything in the statute that says that and I'm not sure if there is case law out there but you might win.