Many of our clients ask how much they will get paid while off of work during the healing period*. What you will receive is a weekly indemnity check. To you it is a pay check paid by the Iowa workers’ compensation insurance company; but to the lawyers and insurance adjuster it is referred to as a weekly indemnity check. I don’t care what you call it so long as you understand what you will need to provide your lawyer so they can figure out how much it should be.
How much will I receive ever week?
You will receive an amount that differs for every injured worker because the amount depends on several factors. Those factors include your marital status, the number of your dependents and how much you earned for the 13 weeks prior to the injury. Those should reflect 13 full weeks of work so it’s always better to provide the lawyer with at least 15 weeks of earnings. Now don’t get your undies all in a bunch if you don’t have that information, the lawyers can request it from your employer. Not all employers cooperate but enough do so don’t worry, because for those who don’t we can always send them an invitation (called a subpoena).
What is the technical name for what I receive every week?
We call it the weekly compensation rate and Katrina and I use a reference book, your payroll information, a calculator, your tax returns and a good old fashion pencil to make the calculation. Oh and let’s not forget we also have to use our brain.
What is the technical name for the amount I can expect to receive each week?
It is called the weekly compensation rate; sometimes referred to as just "the rate".
Who figures out how much the weekly compensation rate should be?
The lawyer will make this calculation.
Do I need to provide him with anything to make the calculation?
Yes you do but if you can't it's not terminal to your case, but may take longer to get what we need to figure out the correct rate.
Now I will say this about your over-the-road truckers. Your weekly compensation rate is a little bit tougher to calculate. It is based on how much you earn which usually requires knowing your mileage rate and number of miles driven over those 13 weeks. We don’t count how much they reimburse you for expenses, only for pay and technically expense reimbursement is not pay. So bring in your log books and pay check stubs so we can make the calculation.
Believe me when I say figuring out the weekly compensation rate is not straight forward.
You need the following information and documentation to figure it out:
1. Are you married or single?
2. How many people were dependent on your for support on the date of the accident?
3. How much did you earn during the 13 weeks previous to the injury?
Here are the documents that help us figure out your weekly compensation rate.
1. Obtain copies of your paycheck stubs for the 15 weeks prior to the injury.
2. Obtain copies of your income tax returns for the past five years.
3. If you drive over-the-road for a living bring in your log books and paycheck stubs showing expense reimbursement and mileage rate.
*(The healing period is being covered tomorrow so stay tuned for an explanation about the healing period.)
- The Iowa Industrial Commissioner
- FAQ's on the Industrial Commission site
- The Lombardi Law Firm FAQ's for Workers' Compensation
- Lombardi Law Firm section on Iowa Workers' Compensation