One of the most common questions we hear from injured workers is whether time missed for vacation, illness, or holidays should count in calculating their workers’ compensation rate. The short answer? Not always — and including those weeks can cost you.

For hourly workers, the compensation rate is typically based on the average weekly wage over the 13 weeks before the injury. But here’s the problem: many workers don’t work their “normal” schedule every week. Time off for illness, holidays, or vacation — even if paid — can significantly reduce the average.

This is especially true for workers who regularly put in overtime hours. If the insurance company includes a week where the worker was off for a few days — and only paid for 8 hours per day — that week may not reflect the true earnings. And overtime only counts at the straight-time rate, not time-and-a-half.

If you’re not paid for time off, the shortfall in your rate can be severe. And since workers’ comp only pays 80% of your net wage, being short-changed on the base rate can create a serious financial burden.

For workers recovering from significant injuries like back, neck, or shoulder damage — especially where there’s permanent loss of earning capacity — that shortfall can add up to thousands of dollars over time.

Don’t assume the insurance company is calculating your rate correctly. If your wage history includes missed time, or if you regularly work overtime, it’s worth having LLDDC Law, your trusted workers' comp attorneys,  review your compensation rate.

Your benefits should reflect your true earning capacity — not a few short weeks that don’t tell the whole story.