If you are awarded benefits in a Boston workers’ compensation case, the court will calculate your average weekly wage to determine the amount of benefits that you should receive. This figure can be calculated in a number of ways. When an employee has multiple forms of employment including seasonal employment, the calculation can become incredibly difficult and even confusing. Our lead attorney Michael O. Smith has substantial experience assisting individuals with ensuring that they receive the fair outcome that they deserve after a work accident.
Recently, an appellate court considered an appeal involving an employee who was reportedly injured while working as a seasonal employee for a painting company. The lower court awarded the employee $301.37 in weekly benefit payments based on an average weekly wage determination of $502.28. The employee also worked as a seasonal worker at a restaurant located in a hotel. He worked at the restaurant roughly 15 hours per week and earned $226.25 each week.
The only issue before the court on appeal was whether the lower court reached the appropriate conclusion regarding the average weekly wage. The parties had stipulated before the hearing on wages that the employee should be considered a concurrent employee for his work that he performed at the restaurant and as a painter. Based on the worker’s testimony that he worked seasonally as a painter and at the restaurant, the judge determined that the average weekly wage should be calculated by dividing his total earnings over the prior 52-week period in lieu of the actual number of hours that the employee worked.