How Is Workers’ Compensation Calculated in Louisiana?

When you’re injured on the job in Louisiana, your workers’ compensation benefits are a lifeline. They help you cover expenses while you recover. But how exactly are these benefits calculated? 

It all comes down to your average weekly wage (AWW) at the time of the accident. This figure isn’t just plucked out of thin air—it’s carefully calculated based on your specific work situation and earnings. However, figuring out your AWW can be more complicated than you might think.

If you’ve suffered an injury at work and can’t continue working, the Louisiana Workers’ Compensation Act is designed to provide the financial support you need. But getting the compensation you deserve isn’t always straightforward. That’s why having a seasoned workers’ compensation lawyer from Gordon McKernan Injury Attorneys by your side can make all the difference.

How Is The Average Weekly Wage Calculated in Louisiana?

So, how is your average weekly wage in Louisiana calculated? Well, it depends on the type of work you do and how you’re paid. Here’s a breakdown:

• Full-Time Employees:
  • If you’re working the classic 40-hour workweek, calculating your AWW is fairly straightforward. Just multiply your hourly wage by 40.
  • For example, if you earn $20 per hour, your AWW would be $800.
  • However, if you regularly put in overtime, that extra time can increase your AWW—and your compensation. Typically, the calculation averages the overtime based on the four full weeks before your injury.
    
    
• Employees Working Less than 40 Hours per Week:
  • If you work fewer than 40 hours per week by choice, the calculation of your AWW averages your total earnings over the four full weeks before your accident.
    
    
• Part-Time Employees:
  • Part-timers have their AWW calculated by multiplying their hourly wage by the average number of hours worked during the four full weeks before the injury.
  • If part-time work is your regular work pattern, this method applies; otherwise, other methods may be used.
    
    
• Moonlighting Employees (Working Multiple Jobs):
  • If you’re juggling more than one job and get injured at one, you can still receive benefits from that employer. Plus, if your injury stops you from working your other jobs, your compensation could be based on all the hours you work across your different gigs.
    
    
• Seasonal Employees:
  • For seasonal workers, your AWW is calculated by dividing your total yearly earnings by 52.
    
    
• Monthly-Paid Employees:
  • If you’re paid monthly, your AWW is determined by multiplying your monthly salary by 12 and then dividing by 52.
    
    
• Annually-Paid Employees:
  • For salaried employees, the AWW is simply your annual salary divided by 52.
    
    
• Employees with Irregular Pay Structures:
  • If you’re paid in a less conventional way, your AWW is calculated based on your gross earnings over the 26 weeks before the injury, divided by the number of days you actually worked, and then multiplied by the average number of days worked per week.

How Is the Average Weekly Wage Used in Calculated Workers’ Comp Benefits?

In Louisiana, the amount you receive in workers’ compensation benefits is generally two-thirds (66 2/3%) of your AWW. However, there are maximum and minimum compensation rates set by the state, which are adjusted every year. 

Why You Should Seek Legal Help for Your Workers’ Compensation Claim

Understanding your AWW and ensuring you get the maximum workers’ comp benefits can be tricky. That’s where the experienced workers’ compensation attorneys at Gordon McKernan Injury Attorneys come in. We’re here to guide you through the complexities of your claim, making sure everything is calculated correctly, and fighting for the compensation you deserve.

If you’ve been hurt at work, don’t wait—call the personal injury lawyers with  Gordon McKernan Injury Attorneys at 888.501.7888 for a free consultation. We’ll immediately start explaining the benefits you can expect and making sure you get fair compensation.