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How much is my workers' compensation claim worth?

While the value of your claim primarily depends upon the nature of your injuries, the wages you earned prior to a work accident are a major factor in determining your workers' compensation benefits. Sometimes clients have had friends or family members with a similar back injury, course of treatment and prognosis but ask why that friend or family member received a larger settlement. In that scenario, if two people with similar injuries and prognosis, but one is making double the wages, it is likely his or her settlement will be twice as much as the other person. That is because your Average Weekly Wage (AWW) is a large determinant of your workers' compensation benefits.

Your AWW is based on your average wages earned in the 52 weeks prior to your date of injury. For salaried employees, this is generally what you earn on a weekly basis. For employees who receive an hourly rate of pay, your AWW is the average hours you worked per week, divided by your hourly rate of pay. If you did not work a full 52 weeks prior to the date of your work accident, your AWW is determined by the number of weeks which you actually earned wages.

Generally, overtime pay is excluded from workers' compensation benefits unless it was regularly worked or required by your employer. If you meet one of these criteria, the overtime hours you worked can be included in your AWW calculation. However, your AWW will be calculated at a straight time rate of pay and not include any additional wages you may have earned at your overtime rate.

Calculating your AWW can be difficult if you have a nontraditional paying job. Only an experienced workers' compensation attorney can assist you with ensuring you are receiving the maximum benefits which you are entitled. If you have any questions regarding the workers' compensation benefits you are receiving, please contact our offices for a free legal consultation.

The attorneys at Law Offices of Mathys & Schneid are committed to representing people who have been seriously injured and incur significant medical expenses as a result of work related injuries. Law Offices of Mathys & Schneid continue to handle workers' compensation claims and all types of other personal injury cases in Cook, DuPage, Kane, Will and Kendall Counties and all throughout the Chicagoland area.

  1. "Committed To My Cause"

    I was struck by a car while cycling and severely, almost fatally injured. A team of excellent medical professionals performed complicated and extensive surgical and medical procedures as part of a successful effort to restore my health....
    -Jeff D.

  2. "Could not have made a better choice"

    We found Mark [Mathys] through the web after an auto accident in October 2011. While selecting someone you don't know to represent you can be a gamble, we could not have made a better choice....
    - Dave

  3. "Very satisfied"

    Mark [Mathys] is very professional. He responds almost immediately, via email, to any question, comment or concern I have and if he is not able to respond right away, he will let me know. I have been very satisfied with Mark so far and I am happy to be his client.
    -Jennifer

  4. "Easy to talk to"

    Mr. Mathys and Mr. Schneid were very professional and easy to talk to. Prior to working with them, my wife and I had no real experience with the legal system beyond a house closing, yet Mr. Mathys and Mr. Schneid explained the whole process to us very well. I knew that whenever I had a concern about our case or the legal system in general I could call their office or send an email and receive answers the same day... -Larry

  5. "Provided very wise advice"

    I've dealt with attorneys on a variety of issues, almost all of them since leaving college and entering the workplace. Mr. Mathys was the first attorney I had any real experience with, and I was impressed then and remain so. He provided very wise advice and always kept me informed. In the end, he delivered a favorable result. I recommend him highly.
    - Tyler D.

  6. "In-depth knowledge of the law"

    Mark [Schneid] is an excellent and skilled attorney and demonstrated in-depth knowledge of the law when he helped settle my dog bite lawsuit resulting from a traumatic incident. He explained what was needed of me and how I should handle the situation in a professional manner.
    - Karen K.

  7. "They went to bat for me"

    Not long ago I was involved in a car accident where I was hit by a gravel truck at an intersection. After I called Mathys & Schneid, even though I didn't have a very large case, they made me feel like I was one of their most important cases. They went to bat for me with the trucking company's insurance and got me a settlement. I would definitely recommend them to my family and friends. -Dan H.

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Law Offices of Mathys & Schneid
1730 Park Street
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Naperville, IL 60563

Phone: 630-848-9294
Fax: 630-428-0044
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212 W Washington, Suite 809
Chicago, IL 60606

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