Calculating Workers’ Compensation Benefits

By C. Brian Davidson

            The calculation of workers’ compensation benefits has confused, baffled, and eluded attorneys since Alabama adopted the Workers’ Compensation Act in 1909.  The confusion is created by the various types of workers’ compensation benefits allowed by the statute and the plethora of exceptions and combinations of benefits allowed by the statutes and interpretations thereof by our appellate courts.  Those of us who primarily practice workers’ compensation litigation often do not calculate the injured employee’s benefit’s correctly which can cause the employee to be underpaid or the employer to pay too much in benefits.  Therefore, it is extremely important for the practitioner to have at least a rudimentary understanding of the calculation of benefits to properly represent our clients. Continue reading →