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Law Offices of Bo Katzakian

Workers' compensation and average earnings for people under 18

When a Californian is injured on the job and is set to receive workers' compensation benefits, there will frequently be questions about how much will be paid and the methods used to calculate how much the person will receive. Since being a work accident victim will not only mean medical treatment for the injuries or conditions that result from it but also mean concerns about income, this is a critical issue. Understanding how the state determines the average annual wages with workers' compensation is important for every injured worker and his or her family.

With workers' compensation benefits, one of the most impacted demographics is people who are under 18-years-old at the time of the injury. If the injury is of sufficient severity, they could have limitations or be outright unable to work for many years if not the remainder of their lives. Given the potential costs and necessities for these individuals, knowing what state law says about the calculation of their average earnings is imperative.

When the average earnings are calculated, it will be the average earned per week multiplied by 52. For people under 18 with a permanent incapacity, the weekly earnings will be assessed based on the law and the amount the person would earn under normal circumstances at that age. The job he or she was doing at the time will be considered as will other jobs in that vocation for which there might have been a promotion had there not been an injury. If it is not possible to determine this amount within a reasonable probability, the average weekly earnings will be the maximum amount.

Injuries on the job and conditions that came about because of the work a person did can be problematic regardless of the person's age. For someone who is under 18 and is just starting out, the financial concerns and how the medical care will be paid for can be worrisome. If there is a dispute over how much the work accident victim will get at such a formative age, having legal assistance to maximize the workers' compensation is helpful.

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  • San Jose: 408-624-8420
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