Legal Question in Workers Comp in Arizona

I am receiving payment from worker's comp. I am a substitute teacher on call only during the school year. WC used 365days to divide, not 180days, into the total to get the monthly payment. I don't work 365 days. Is this legal?


Asked on 2/13/10, 5:47 am

1 Answer from Attorneys
Thomas Stillwell Stillwell Law Office, PLLC

Workers' compensation benefits are based on the Average Monthly Wage (AMW), which is supposed to reflect the injured workers' earning ability, per month, at the time of injury. If you truly only work 180 days per year, and you have no other employment, then they did it correctly. If you have other employment, it is possible that those earnings should be included in your AMW, but you'll need to speak with a certified workers' comp specialist in order to get the right answer to this question.

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Answered on 2/18/10, 4:44 pm


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