Wokers Comp Pay

[6821massey]

What is the name of your state (only U.S. law)? California


Can anybody help me?

I am lucky enough to have a union job and my company pays 70% of previous wages. However Payroll Dept calculated the wages based on the net pay instead of the gross. The net pay is the amount of deducting all taxes, withholding, retirement, etc. Some people do not pay retirement and some others pay retirement and 401k extra. Human Resource guy told me that he had to go by the Payroll guy calculated. The following is e-mails.


Subject: RE: Wokers Comp-Base Pay

Hi
Will you explain to xxxx, please? We all interpret that net regular or base salary is the net pay after deductions. Thanks.



--------------------------------------------------------------------------------

From: xxxx
Sent: Friday, February 22, 2013 10:06 AM
To: xxxx
Subject: Wokers Comp-Base Pay

Hi Sxxxx,

Could you check the base pay for wokers Comp? Your spreadsheet showed the amount of the net after taking all withholdings, retirement, and taxes not the gross.

MOU says different way as follow;

Full-time employees.

Full-time employees shall be entitled to receive supplemental industrial sick
leave wage continuation commencing with the fourth (4th ) calendar day of the
incapacity except in cases where the employee is incapacitated for more than
fourteen days or hospitalized, paid leave starts on the first day of incapacity. The
industrial sick leave wage continuation shall be equal to the difference between
70% of hislher regular or base salary including differentials, footnotes, and the
amount of any Worker's Compensation temporary disability payments to which
such employee is entitled during such incapacity. This period shall not exceed
one hundred eighty (180) calendar days from the date of sickness or injury
resulting in the incapacity. Net regular or base salary shall be defined as the
average ofthe preceding four (4) pay periods resulting in the incapacity.
Following one hundred eighty (180) calendar days, accrued sick leave may be
granted to supplement temporary disability payments to provide the disabled
employee up to no more than the net regular or base salary (as defined above)
received at the time of the injury.


Thanks,

 

[swalsh411]

Did you get your union involved?

 

[ecmst12]

The policy clearly states it's based on net pay, not gross.

 

[6821massey]

Did you get your union involved?

Not yet. I want to know first if my interpretation of contract wording is correct. To me, "Net regular or base salary" does not mean the amount after all deduction from the gross becuase of "hislher regular or base salary including differentials, footnotes, and the amount of any Worker's Compensation temporary disability payments".

 

[6821massey]

Did you get your union involved?

Not yet. I want to know first if my interpretation of contract wording is correct. To me, "Net regular or base salary" does not mean the amount after all deduction from the gross becuase of "hislher regular or base salary including differentials, footnotes, and the amount of any Worker's Compensation temporary disability payments".

 

[cbg]

Okay, I"ll bite.

What do YOU think net salary means?

 

[Willlyjo]

Not yet. I want to know first if my interpretation of contract wording is correct. To me, "Net regular or base salary" does not mean the amount after all deduction from the gross becuase of "hislher regular or base salary including differentials, footnotes, and the amount of any Worker's Compensation temporary disability payments".

Workers' Comp. disability pay is 2/3rd your weekly average "GROSS PAY"!! No exceptions!!

 

[ecmst12]

According to who?

 

[Willlyjo]

According to who?

According to me and what I've researched. I'm pretty much an expert on Ca. Workers Comp. Law. If you don't want to believe me, then go to www.dir.ca.gov/dwc/factSheet under Ca. Workers Compensation and you will find that my post regarding rate of disability is 100% correct!

 

[cbg]

Oh, really?

Cut and pasted directly from the state website (emphasis mine):

. How much will I receive in TD payments?

A. As a general rule, TD pays two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. However, you cannot receive more than the maximum weekly amount set by law. Your wages are figured out by using all forms of income you receive from work: wages, food, lodging, tips, commissions, overtime and bonuses. Wages can also include earnings from work you did at other jobs at the time you were injured. Give proof of these earnings to the claims administrator. The claims administrator will consider all forms of income when calculating your TD benefits. Please see the benefits chart for current benefit rates.

The minimum and maximum rates are adjusted annually.

So, yes, the benefits are calculated on gross vs. net (I still want to know what the OP thinks net wages means) but it is NOT a strict, no-exceptions 2/3rds.

 

[Willlyjo]

Oh, really?

Cut and pasted directly from the state website (emphasis mine):

. How much will I receive in TD payments?

A. As a general rule, TD pays two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. However, you cannot receive more than the maximum weekly amount set by law. Your wages are figured out by using all forms of income you receive from work: wages, food, lodging, tips, commissions, overtime and bonuses. Wages can also include earnings from work you did at other jobs at the time you were injured. Give proof of these earnings to the claims administrator. The claims administrator will consider all forms of income when calculating your TD benefits. Please see the benefits chart for current benefit rates.

The minimum and maximum rates are adjusted annually.

So, yes, the benefits are calculated on gross vs. net (I still want to know what the OP thinks net wages means) but it is NOT a strict, no-exceptions 2/3rds.

Now you are simply nitpicking, CBG. Of course there is a cap on what you can receive and the calculation is 2/3rd of Gross wages up to that cap. Most injured workers never have to deal with the cap, so really, in the case of the OP, I didn't think it was necessary to mention it.

 

[quincy]

Workers' Comp. disability pay is 2/3rd your weekly average "GROSS PAY"!! No exceptions!!

How is cbg correcting blatantly false information "nit picking," Willly?

 

[I'mTheFather]

I'm definitely no expert on this topic, but isn't OP referring to supplemental pay, in addition to the WC that he already receives?

 

[cbg]

Willy, if you hadn't said, in bold type, no exceptions, then I wouldn't have said a word. But you did, and that's just not the case. If you're going to make blatantly wrong statements like that, then someone is going to call you on it. This time it was me.

 

[6821massey]

Thanks for all your advice. What I am talking about is supplement pay in addition to workers comp. Insurance company that handles injury cases of my employer calculated The weekly pay based on my gross pay.Not net. However Payroll Dept calculated the supplement based on the net not the gross amount. The contract wording says in the different way or not. That is my question. If Payroll miss-interpret the language, some people of the company who are injured must have same problems but they do not recognize or give up fighting with Payroll and Human Resources (over 500 employees I guess.). What is maximum for worker comp? Thanks again.