How Do I Know If I Am Getting the Right Amount of Workers’ Compensation Benefits?

How Do I Know If I Am Getting the Right Amount of Workers' Compensation Benefits? An injury in the workplace can drastically change your life, but dealing with workers’ compensation should not be a source of added stress to the situation. Most injured workers don’t even know if they are getting all the benefits they deserve.

Atkinson Gerber has a long history of representing people who have been hurt while working at their jobs. We have seen how the system often fails to help injured workers, which disadvantages those already facing difficulties. That is why we have experienced attorneys ready to represent and assist you throughout Minnesota with offices in St. Paul and Minneapolis.

Contact Atkinson Gerber online or give us a call today at 651-333-3636 for a free consultation.

What Should I Get in Workers’ Compensation Benefits?

Workers’ comp in Minnesota generally provides:

Medical benefits
Replacement wages
Rehabilitation services
Permanent disability benefits in some cases

However, the amount of each benefit you are entitled to depends on:

Your average weekly wage
The severity of your injuries
Your capacity to return to work

If you are not sure how much you should be getting, you are not alone, and this is precisely where Atkinson Gerber can provide seasoned guidance.

How Is My Wage-Loss Benefit Calculated?

Wage-loss benefits are typically calculated based on your average weekly wage at the time you were injured. You should be paid a percentage of that wage, depending on whether you are considered totally or partially disabled.

Employers and insurers often fail to calculate an employee’s average weekly wage accurately. They may, for instance, fail to account for bonuses, overtime, or even second jobs. This can significantly lower your weekly benefit payout. At Atkinson Gerber, our attorneys can look over your case and make sure nothing is left out.

What Should I Do If I Think I’m Being Underpaid?

If your checks are short, late, or missing with no reasonable explanation, your intuition is probably right on. Most employees believe that the insurance company is paying them correctly; in fact, they are often missing payments. They may even be underpaying you due to simple mistakes or miscalculations. An honest mistake may occur in how your average weekly wage is calculated.

Unfortunately, the insurer may also deliberately distort facts to reduce your payment and increase their savings. You can also be underpaid if the insurance company fails to consider all your income sources, such as:

Overtime
Bonuses
Shift differentials
Second jobs

Anytime there is an error in the wage calculations or if wages were not reported correctly, that usually means the employee is losing a significant amount of money over the course of a claim.

At Atkinson Gerber, it is common for us to go through our clients’ benefits and find missing payments or incorrect calculations. We have over 50 years of combined experience with these cases, so we know what to look for and where the insurance companies often make mistakes.

Contact Atkinson Gerber for a Free Consultation

At Atkinson Gerber, we understand the law, so our team can help you get the justice and compensation you deserve. That way, you can focus on healing. We also offer home and hospital consultations if you’re unable to travel.

Call Atkinson Gerber today at 651-333-3636 or fill out our online contact form to arrange your free consultation.

Your aggressive handling of this work comp case was first rate. I’ve worked with other attorneys in the past but appreciated the personal attention you provided me in this matter. Thank you!

- Cathy M.

Finally, I found the attorney that works for the injured worker, after two previous attorneys’ work for us seemed inadequate. Tom and his staff have the commitment to take it to trial if necessary rather than the other attorneys’ inertia and reluctance to do so. He has the integrity that you rarely find in the work comp arena anymore. Your involvement in my case resulted in returning us to some sense of dignity in this battle. I thought that with the multiple near-fatal catastrophic injuries I sustained that the opposing side would do the right thing. Don’t deceive yourself with this notion. You must have the right attorney by your side. With all the overwhelming tasks to complete while recovering, I thought I needed an attorney that was located near me. Again, I was wrong as they accommodated us however we needed it. Please don’t choose a work comp attorney based on location no matter how tempting that may be. Tom and staff thank you for making us believe in justice again.

- Scott H.

I just want to say a big “thank you” for representing me in my Social Security case. Without your help, I know that I would not have been successful. I am very fortunate that you represented me because you have the experience and knowledge that obtained the favorable ruling

- Dana D.

I received my settlement check this weekend and I want to thank you and all of your staff for taking on this case and pursuing it to a positive conclusion. These proceedings were not without their share of frustration but I always felt confident in my representation and your efforts to best represent me. I don’t believe I could do what you do- I would be too tempted to reach across the table and strangle the opposing counsel. I am very pleased with the outcome and am glad it is over.

- Gary S.

Tom and Marci were a tremendous help in that you made it so easy for someone like me who was stressed out about it all, especially with all the little things. I would have had a hard time relaxing enough to deal with everything effectively if you had not been so helpful. I also thought that Tom was very effective in the courtroom and had the facts of my case organized well and was informed so that he could tell where the judge wanted to go with his questions and was able to present the facts in a way that helped my case be viewed favorably by the judge. I was very pleased with the results. Thank you.

- Dan N.

You kicked butt. I am so happy with my results and I couldn’t have done it without you

- Teresa H.

Listen up every employee who has suffered a work comp injury in this state! If you think you don’t need a lawyer because everything is going fine, the adjuster is nice, and the QRC they assigned you seems to have your interest at heart; you are WRONG! The longer you wait to hire a lawyer the more disadvantaged you become. Tom Atkinson and his staff are aggressive and experienced workers’ compensation experts. Tom got me more than I ever thought I would get and NEVER charged a fee until he obtained benefits on my behalf. Thank you Tom, Marci, Gene and Cassie; I couldn’t have done it without you on my side.

- Thomas Hoaby

Thank you so much for your time and expertise today. I’m so proud to have you as my lawyer as you are absolutely wonderful at your job… Not to mention hilarious:) Whatever the outcome of today, I truly appreciate all you have done for me.

- Stacey B.

The day I met Tom, was the day I knew I would get all I needed from the Work Comp. company. For me, it was never about getting a big settlement. I only wanted what my doctor was recommending. Tom supported my decision not to settle, and took it all the way to a hearing to get me what I needed. It seems as though every step of the way has been a battle, but never once have I had any doubts in his ability to succeed. In the end, I got the surgery I needed and Tom still ended up getting me a bigger settlement than they offered in the beginning. Tom and his staff are a wonderful, caring group of people, and I don’t think I could have gotten through this without them.

- Sandy

Tom and his team are the top tier in the worker compensation field as I experienced the professionalism personally. I was injured at work and after two other well publicized and awarded attorneys failed to reach a satisfactory outcome, Tom and his team proved how a dedicated, genuine, caring, honest team can get the better than expected results for a client.

- DR

Dana and her staff are the most professional and outstanding lawyer I have ever dealt with and I would highly recommend anybody that would need a lawyer contact her. They made me feel more like a friend or family. When dealing with them and made the whole process, go smoothly as possible. There’s not enough words to describe the gratitude I feel for her and her staff. Thank you for a job well done. I would highly recommend her at her staff to anybody that would need legal assistance.

- Les A.

Dana has been incredibly helpful in representing me. She made the entire process easy, addressing any issues with professionalism and care. Her team was equally wonderful, providing excellent support throughout. I highly recommend Dana and her team to anyone seeking assistance with workers’ compensation.

- Attas

Amazing Workman’s Comp attorneys. Tom did everything he said he would. His paralegal team and staff are amazing too and very quick to get back to you. Fought for me until the very end. Will recommend this team to anyone having Workman’s Comp issues.

- Taylor K.

Words can not express how amazing Dana and the family at Atkinson Gerber Law are! Everyone was so kind and helpful. Dana and Morgan where prompt, knowledgeable and so so kind. I can not recommend them enough if you or a loved one ever needs legal help. Getting injured is stressful but with this phenomenal team in your corner, it really helps ease some stress. I can’t thank them enough!

- Amber N.

Despite that my case ended about 10 months ago, I actually went back to place this review because Tom and his team did so well and help me through a very, very difficult time in my life. I want to thank the entire staff for all their help.