Mississippi Workers Comp – Average Weekly Wage
April 6th, 2011Questions about Mississippi workmans comp checks? I have answers.
by Jay Foster, Mississippi Workers Comp Lawyer
In Mississippi, the calculation of workmans comp checks as to when the average weekly wage should be calculated on what an analogous situation and is called a “latent” injury can be difficult. Our Supreme Court and Court of Appeals have had some difficulty in determining this issue. In attempting to provide some guidance on this matter, our Courts have held that in a “latent” injury cases, an injured Mississippi employee can make a claim once the injury manifests itself.
In other words, in a latent injury case where an person is injured in a workmans comp accident, the worker can make the claim in some cases, years later.
The Mississippi Courts have used this rationale to determine that if a worker sustains an injury at work, but the injury does not become permanent and disabling until years later, the average weekly wage should be calculated at the time of the disability. Of course, in most cases, the average weekly wage is calculated from the time of the accident (taking the average weekly wage for 52 weeks prior to the accident).
However, a “latent” injury is one that has not yet manifested itself (that is, the injured worker has not yet discovered it). Of course, in this situation, it is a “latent” injury in that it did not become permanent and disabling until years later. Once it becomes permanent and disabling, then the average weekly wage should be calculated at the later date.
For example, if you have a substantial time period between your injury and when you actually become disabled from the injury, then the average weekly wage is not calculated when the accident happened. Instead, it is calculated from when the injury became disabling. If it were any other way, the injured worker would have worked for a substantial number of years for the time period when the injury was not disabling. Obviously, the injured worker’s wages would have increased substantially over this time period. Thus, it would not be fair to the person who was hurt at work to calculate their average weekly wage from the time of the accident as this would make the average weekly wage much lower.
As a result, common sense tells us that the average weekly wage should be calculated at the time of the disability. This is the fair approach to the person that got hurt in Mississippi so that they do not lose out on a substantial difference in wages.
