If you have been injured on the job and regularly work overtime, you may wonder if this will be factored into your workers’ comp benefits.
If you’ve recently been injured on the job in Missouri, you may be wondering how much money you’ll get from workers’ comp after your claim goes through. Does overtime count toward your compensation? What about other benefits like quarterly or yearly bonuses? Let’s discuss what you need to know.
Workers’ Compensation in Missouri Generally Provides You With 2/3 of Your Wages Weekly
Under Missouri workers’ compensation regulations, you’ll typically get 2/3 of your average weekly wage as compensation while you are injured and unable to work. So, for example, if you make $1,800 per week, you’ll get around $1,200 per week from workers’ compensation.
However, there are some complications, and overtime is one of them. Let’s say you usually put in 10 hours of overtime per week and receive overtime pay for doing so. Under Missouri law, this is part of your average weekly wage (AWW).
The AWW is usually calculated by adding up your gross earnings in the 13 weeks preceding your injury and then dividing this by 13. So if you worked 10 hours of overtime every week in the previous 13 weeks, these wages would be added to your AWW, and you would be compensated accordingly.
What If My Employer Says Overtime Doesn’t Count Toward My Benefits?
Discuss this with your St. Louis work injury attorney right away. The law is clear and laid out in R.S.Mo. § 287.250.1(4). Your average weekly wage determines compensation – and overtime clearly contributes toward that.
Not only that, but overtime in Missouri is paid at 1.5x the standard hourly rate after you reach 40 hours per week. So if you worked 10 hours of overtime and earned 1.5x pay, the full amount of this pay should be added to your weekly wage when your AWW is calculated.
In other words, your AWW should generally be your 40 hours of standard wages, as well as your 10 hours of 1.5x pay – added together and then divided by 2/3.
Working with a lawyer will ensure that you get the best possible outcome for your case. An experienced attorney can help fight to get the compensation you deserve.
Speak With a St. Louis Workers’ Compensation Attorney Today
If you are suspicious of your employer or insurer and believe that you are not receiving all of the work injury benefits you deserve, the Law Office of James M. Hoffmann is here to help. Contact us now for a free case review, and get the legal assistance you need during this difficult time.
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