Legal Question in Workers Comp in New Hampshire
reduced comp due to partial employment
One of our employees has been receiving $441 weekly comp. Now that he has returned to work part time = $305 gross wages the comp has been reduced to $81.60. I am being told that 60% aww was $441 - $305 current worked equals $136. Then they take 60% of the $136 which equals $81.60. This doesn't seem correct as I would assume you go all figures @60% which would equal $441-$186(60% $305) = $258 which would already take the 60% into consideration. Thanks for the help.
1 Answer from Attorneys
Re: reduced comp due to partial employment
The rule is an injured worker gets a weekly disability benefit measured at 60% of lost income, whether total loss or only partial. The first task is to figure what the worker got before the injury, called the Average Weekly Wage. There are several ways to calculate this pre-injury average.
In your case, if the injured worker got a benefit of $441 while totally disabled, this is 60% of $735, which must have been the AWW before being hurt. If the worker now actually earns $305 each week, then the income loss each week is $735 minus $305, or $430. The weekly partial benefit should be 60% of this loss, or $258.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
