Meuser Law Office, P.A. is proud to be a sponsor of the first annual Firefighters for Healing Red Tie Gala. Only one more week until the event of the season! Don’t miss out – get your tickets today!

Firefighters for Healing is a non-profit organization founded in 2010 by Minneapolis firemen who have tragically experienced firsthand what burn victims have to endure. In July 2010 Minneapolis firefighter, Jake LaFerriere, suffered 3rd and 4th degree burns to his hands and arms in a backdraft house explosion. While Jake was in the hospital receiving treatment for his burn injuries, he met several young children undergoing the same painful treatment for their burn injuries. Believing it was a blessing to meet these children, Jake knew he had to do something to help and founded Firefighters for Healing with a mission to support the children and their family in ways the insurance company cannot.
Meet Jake LaFerriere and hear more of his story by watching this short video.

You walk out to your mailbox, open it and receive a letter. Looking at the letter, you see that it is from your Minnesota workers’ compensation insurance company. Curiously yet apprehensively, you open the letter. It is a Notice of Intent to Discontinue Benefits, also known as a NOID. Shocked, you set it down, find a chair, sit in it, wipe your brow, and ask yourself what does this mean?

The moment notice is given, the clock begins ticking for the discontinuance of your wage loss benefits. If you have an issue with the NOID, you must remember your time is limited. Generally, you have 12 days to file an objection, therefore finding a competent attorney to guide you through this process is paramount.

Another important aspect that you must consider if the insurance company has denied your claim, is when to file the claim. Often times people don’t want to rock the boat with their employer, they somehow feel that they are not being a team player. Unfortunately, the longer you wait to file a claim, the less likely that you will be successful in establishing the claim, so therefore, immediately upon receiving a denial, you need to contact us!

Yes, you do have 3 years to bring a claim if they file what is called a First Report of Injury to the insurance company and if they haven’t filed a First Report of Injury with the state, then you have up to 6 years to file the claim.

In Minnesota, workers’ compensation wage loss is always calculated based on the employee’s average weekly wage (AWW) at the time of the injury. Wage loss benefits are usually the most valuable portion of a Minnesota workers’ compensation claim. As such, it is important that the AWW be calculated correctly.

For full-time, regularly scheduled workers in the state of Minnesota, the average weekly wage is normally calculated by adding your total gross earnings for the 26 weeks prior to the date of injury, and dividing that amount by 26 weeks.

There are a number of exceptions to this general rule regarding the calculation of the average weekly wage. Workers’ compensation insurers frequently fail to include things like overtime, bonuses, or wages from a second job. They also frequently miscalculate the average weekly wage for construction workers or workers with irregular hours. An incorrectly calculated average weekly wage can cost you hundreds or thousands of dollars!

Some examples of additional income that should be included in the average weekly wage include:

• If you frequently work overtime hours, your overtime pay should also be included in your AWW calculation.
• If an employee works more than one job on the date of the injury, wages from all the jobs must be included in calculating the employee’s AWW.
• In addition to salary or wages, some other types of monetary benefits should also usually be included in the AWW calculation, such as declared tips or the value of room and board.

For employees who work part time or work irregular schedules, the AWW for a Minnesota workers’ compensation claim is determined by calculating the average daily wage. This is calculated as follows:

1. Add up the total amount earned by the employee, including vacation and holiday pay, during the 26 weeks prior to the injury.
2. Count the total number of days actually worked during that period, including days of paid vacation and paid holidays.
3. Divide the total amount of gross earnings by the actual number of days worked to calculate the average daily wage during that time period.
4. The total number of days worked during the 26 weeks prior to the injury is then divided by the number of weeks the employee actually worked during the time period to compute the average number of days worked each week.
5. The average daily wage is then multiplied by the average number of days worked each week to calculate the employee’s average weekly wage.

In construction and seasonal trades, working 65 hours one week and 25 the next week is a common practice. Projects are generally worked on until completed and contractors generally disfavor on-the-clock employees doing nothing during drought periods. Employees often welcome the breaks because Mille Lacs is waiting in the winter, deer season is calling, and snowmobiles need exercise. The breaks in work are normally compensated by overtime and long hours during peak periods. For construction workers and other seasonal trades, the average weekly wage is never less than five times the average daily wage. The average weekly wage for construction workers is very frequently miscalculated.

Workers’ compensation insurance companies very frequently under-calculate the employee’s average weekly wage by excluding wages that should otherwise be included, by failing to include earnings from other jobs, or by employing an incorrect calculation method. Because of this, when Meuser Law Office calculates an employee’s average weekly wage, our attorneys frequently come up with a higher AWW than the insurance company’s calculation. An under-calculation of your AWW reduces the amount the wage loss benefits you are paid, including Temporary Total Disability (TTD), Temporary Partial Disability (TPD), or Permanent Total Disability (PTD). This can amount to a significant underpayment of benefits.

If you believe that your employer has miscalculated your wage loss benefits or simply want to double check, contact an attorney at Meuser Law Office, P.A. today for a free, no-obligation consultation. Our knowledgeable attorneys handle Minnesota workers’ compensation cases on a daily basis and are very familiar with the most current laws and calculations to determine your average wage. We will ensure you receive the full benefits you are entitled.