The calculation of compensation rates for temporary total disability (TTD), temporary partial disability (TPD) or death benefits is different for seasonal employees than for year-round employees. Year round employees are calculated based upon the best earnings they made in the preceding two calendar years. But seasonal employees are calculated on the 12 months preceding their injuries. Further all income from all sources must be taken into consideration, so if the injured worker had more than one employer in that twelve months, that income must be considered as well.
If the injured worker's income was unstable in the preceding two years and circumstances changed just before he was injured (for instance, if he was going to school for a couple of years and then got a really good job), then he would be entitled to have his compensation rate determined based on how much other employees are making in the job in which he was injured. But the insurance companies will pay only the minimum rate. The injured worker will need to file a claim to obtain the correct amount of money.
Keenan Powell has practiced law in the State of Alaska for more than 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans.
All consultations are free. If you want to set up a meeting, use the contact form on www.keenanpowell.com or call: 907 258 7663.