Are you a teacher with an Illinois workers' compensation claim? If so, a new case from the Illinois Appellate Court demands your attention.
In the case, a teacher had a 39 week school year, but chose to get paid over 52 weeks. In other words, if her salary was $52,000.00 a year, she chose $1,000 a week instead of more money up front with 13 weeks of nothing.
When she got hurt the school calculated her average weekly wage as her total compensation divided by 52 weeks of work because that was her pay period. The problem with that is that she didn't work 52 weeks, she worked 39. And how she was paid plays no roll in how much she was earned.
So if the school was right then her average weekly wage would have been $1,000.00. But the Court said the school was wrong and the correct wage should be $1,333.33. For her time off of work that ended up being a difference of more than $200 a week. It also made the final value of her case worth more money.
If you are a teacher or other seasonal worker, your average weekly wage and associated benefits should be based on the number of weeks you actually worked. Even in other professions, if you took a couple of weeks off for vacation, illness or any other reason, that has to be addressed. If that doesn't happen you are literally costing yourself a lot of money.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact Us and we will answer your questions or find the right lawyer for your situation.