Legal Question in Workers Comp in Illinois

Re: servers workmans comp

Yes. This is called temporary partial disability and the formula is: 2/3(gross of full performance of regular job minus net of job doing now).

Re: servers workmans comp

Dear Sirs:

The wages can be determined by taking your salary for the previous year, or by looking at income tax returns.

Please call to discuss.

Many thanks.

John C. Wunsch

[email protected]

Re: servers workmans comp

The short answer is yes.

Let me correct some of the previous responses!

It is extremely important that you establish the proper amount of your "average weekly wage" for the amount you will receive for your permanent injury and the amount you receive while completely off of work.

However, to answer your question you need to know the amount of money you would have made had the accident occurred.

Your average weekly wage is the last 52 weeks of pay divided by 52 - thus, the "average".

The amount you WOULD HAVE MADE is a current or forward-looking determination.

For example, if you worked lunches for the last 51 weeks and earned an average of $100 per day then your average will likely be about $500 per week.

If you worked lunches for 51 weeks but for the last month (and for the future had the accident not occurred) you have shifted to dinners full time and earned $200 per night then the amount you would have made had the accident not occurred is $1000 per week.

The difference can result in massive changes in the value of your case.

Now - issues peculiar to your job.

I have had many restaurant cases and unless you declared the tips on your tax returns you may have a problem.

The longer you worked at this job the more likely that you will have a record of your earnings.

However, often times servers declare only a portion of your tips. This will leave you in a bit of a bind as your tax records may not support your claim that you were making $200 per night.

Now back to your question - If you have a work restriction from a doctor and you have returned to light duty, you are entitled to 66% of the wages you WOULD HAVE MADE had the accident not occurred

MINUS

the NET amount that you have taken home.

e.g., you used to make $1000 per week. You now work as a host making $12 per hour for 40 hours and you have FICA, Federal, State tax deductions. This deductions reduce your check to $350 per week.

What is the amount of your TPD?

$1000 per week - $350 ($12/ hr for 40 hours minus withholdings) = $650

$650 x 66% = your weekly check.

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If you need more assistance, please let me know.

Matt Belcher