Q: I’d only been working with my employer in Chico for a few months before getting hurt. Now we’re in the process of trying to determine my average weekly earnings and the figure seems extremely low. Should I be concerned?
Yes, you should be concerned—in fact, you might want to schedule a free consultation with a Chico workers’ compensation attorney as soon as possible. Having an advocate who knows the system on your side will be very important for you in the coming months.
Unfortunately, workers who get injured inside of their first year of full-time employment are sometimes vulnerable to getting reclassified as a “part-time,” “temporary,” or even “seasonal” employee.
The problem with this is that average earnings are calculated from your last several months of actual pay, not the projected earnings of what you would be making full-time. On the insurance carrier’s side of the equation, it means paying you a lot less money, so this will frequently come up for people who try to take on the system without legal representation.
Even if you have not worked for your current employer for more than a year—even if you’ve only worked with them for a few weeks—if you were officially hired for full-time employment, you are entitled to full-time workers’ compensation benefits.
Dealing with a workplace injury in Chico? Don’t shortchange your rights. Call Ledgerwood Law at 888-761-7383 today. Be sure to order our information-packed guidebook, The Northern California Workers’ Compensation Survival Manual, available to you free.