Legal Question in Workers Comp in Alabama
Workmans comp benefits
I am a commercial truck driver.One tax deduction we recieve is a per diem of 35 dollars\day.Normally this is a deduction we take upon filing our tax returns.However the company I work for subtracts that amount ($245\WK) ,taxes the balance,and then adds the per diem back into the check.Therefore we are essentially getting the deduction up front.
My case worker has notified me that because these earnings are not taxed that they are not included as earnings when calculating my weekly benefit.Is she correct in this?thanks for your help
1 Answer from Attorneys
Re: Workmans comp benefits
Your average weekly wage is what was paid to you (gross, i.e. before taxes) over the year prior to your injury averaged out weekly. I would have to know more about how this $35/day was handled.
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