How wage benefits actually work
- The two-thirds rule. Most states pay 66⅔% of your average weekly wage while a doctor keeps you fully off work — tax-free, which softens the cut more than it first appears.
- Caps in both directions. States publish minimum and maximum weekly rates each year. If you earn well above average, expect the max to bind; check your state's current number (Texas: tdi.texas.gov · California: dir.ca.gov/dwc).
- Light duty changes the math, not the principle. Working reduced hours or lighter work at lower pay usually triggers partial benefits — commonly two-thirds of the gap between your AWW and what you now earn. Keep every pay stub; the gap is the benefit.
- The waiting period. Most states don't pay the first several days of disability — then pay them retroactively if you're out long enough. A missing "first week" isn't necessarily an error, but an unexplained one is worth a written question.
The four classic underpayments
- Overtime left out of the AWW — check yours against real pay stubs from the year before injury.
- Second jobs ignored — if the injury stops both jobs, many states count both incomes.
- Seasonal or variable pay averaged badly — a slow-month snapshot isn't your average; most states look at a longer representative period.
- Late checks with no penalty — many states owe automatic penalties for late payments. Late plus silent is worth a written question, and a note in your claim file.
The one-sentence audit
Ask the adjuster, in writing: "Please send me the calculation of my average weekly wage, including what pay periods and earnings it used." You're entitled to know — and errors surface fast when someone has to show the math. Underpaid past checks belong in any settlement.