Most, but not all truck drivers, are FLSA exempt which means that they do not get paid overtime for working more than 8 hours a day or 40 hours a week. Which has you thinking, “Tell me something I don’t know …”
Your Average Weekly Wage is the most important number in your worker’s compensation case. It serves as the basis for computing the amount of the disability check you get while you are off work. It also is one of the key factors in determining how much your case will be settled for.
Getting shorted on your Average Weekly Wage can cost you thousands of dollars over life of your case.
For the drivers who are not FLSA exempt (and for anyone else who isn’t a truck driver), the risk of getting shorted on your Average Weekly Wage is really acute if overtime is a significant art of what you normally take home.
The rule is that overtime hours are only included if it is regular and mandatory part of your job. If it isn’t then your Average Weekly Wage is based on what you received for 40 hours of work.
This provides a lot of room for mischief on the part of the insurance company, all of which can cost you A LOT of money over the life of your case.
If you have any doubt as to whether your Average Weekly Wage is being calculated properly, then it is time to get legal help with your case. Every week that you go without getting legal help is just money out of your pocket.
If you have a current worker’s compensation issue which you need help on, please feel free to reach out to our office by calling us at 312-263-1080 to discuss your issues and what options you have. There is no obligation to hire our law firm, and there is no charge for the call.
I hope this has been helpful, and if you know anyone who can benefit from this kind of information, please feel free to share this.
We are here to help truck drivers after an on-the-job accident. Knowledge is power, and the first step in protecting your rights is to know what they are.