A very common question Claimants have following a workplace injury is why their weekly wages are so low. Arkansas law provides that Claimants are owed two-thirds of their average weekly wage while being off work. While there are exceptions to this general rule, it is well-established law.
How are wages calculated? What is called a “comp rate” is what determines the amount of wages a Claimant can be owed for weekly off-work benefits. The “comp rate” is based on a worker’s average weekly wage. This number is calculated based on the worker’s wages over the period of several weeks (up to fifty-two weeks). Overtime wages count towards the average weekly wage.
Is there a cap on what a claimant can make? Yes, $835 is the maximum payout a worker can receive weekly in Arkansas. This is based on an average weekly wage of $981.89.
Is there a waiting time for lost wages? Yes, employers do not have to start paying what are called TTD benefits until the employee is off work for two-consecutive weeks. At that time, the employer is required to pay two-weeks in back pay.
When I am entitled to lost wages? A Claimant who is within their healing period, or actively treating with a doctor, is entitled to TTD benefits while they suffer a complete incapacity to work. This usually means an employee who has been taken off of work by their doctor. An employee may also be eligible for TTD benefits when they are under a doctor’s care, with restrictions, and their employer does not offer them work within their restrictions.
Do you disagree with the amount of wages you are receiving? Do you think your employer owes you higher wages? The lawyers at the Law Offices of Craig L. Cook are here to answer your questions regarding your workplace injury.
