It can be hard for an employee to claim workers’ compensation when part of their salary includes tips or commissions.
It is your right to be paid for that income if you are hurt on the job. The hard part is in figuring out how much that would be. If you are having a discrepancy with your employer about your salary, speak with a Missouri workers’ compensation attorney. They can help you file an appeal and get the full value of your claim that you are entitled to.
Salary Compensation
If you are unable to return to work after an injury, one of the workers’ compensation benefits is that you are paid a portion of your weekly salary. The exact percentage is determined by the extent of the disability. For an individual who relies on tips or commission as part of their salary, that has to be included as well. This is a source of contention with some employers, who will try and downplay how much you really were making.
Case Study – Determining Average Commissions
There are a number of different types of jobs in Missouri where you could be earning money on top of a nominal salary. For example, a car salesman was hurt on the Missouri car lot where he worked. His case was unique in that during the last three months before his accident the lot was in the process of closing and his sales were minimal. Taking that into consideration, the labor board used an average of the total amount of commission he had made while employed instead of just the last 13 weeks. This made his salary from commissions $327 plus his base pay of $300.
The board also took into consideration the fact that as part of his employment the injured worker was granted the use of a demo car, for professional and personal use. Figuring that cost to be $200 a week, that amount was added to his gross wages. Missouri workers’ compensation law allows for this type of compensation as the use of a car is considered to be an economic gain.
Workers’ Compensation Claim Denied
A Missouri employee should always question when a workers’ compensation claim is denied. This is an insurance that employers pay for, and it is in their best interest, as well as the insurance company’s, to deny claims whenever possible. A Missouri workers’ compensation attorney can look at your case and the reason for denial to see if you have grounds for an appeal.
An appeal of a workers’ compensation claim is similar to a court proceeding, with testimony and evidence being presented. Consult with The Law Office of James M. Hoffmann at (314) 361-4300 to ensure that your case is heard and you receive the compensation that you deserve.
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