The inclusion of overtime earnings can increase an injured employee’s 每周平均工资 thereby increasing his TTD (2/3) rate of pay for every five work days 他/她没有工作. Hence, overtime is one of the most commonly disputed issues and often times may result in a hearing before the Illinois Workers' 赔偿委员会.
Section 10 of the Illinois workers' compensation Act provides:
“The compensation shall be computed on the basis of the "average 周工资" which shall mean the actual earnings of the employee in the employment in which he was working at the time of the injury during the period of 52 weeks ending with the last day of the employee's last full pay period immediately preceding the date of injury, illness or disablement 不包括加班费，加上奖金除以52.”
When overtime is included in the 每周平均工资 calculation, it is calculated at the straight rate of hourly pay, not time and a half. 为 例如，如果你赚了20美元.每小时00美元，加班费包括在你的平均工资之内 周工资 calculation the hours you worked overtime in the prior in 52周期间将包括在$20.每小时00美元，不是30美元.00 每小时(1.5倍工资).
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航空快递公司. v. 伊利诺伊州工人补偿委员会
The issue of overtime was revisited by the Illinois Appellate Court in 2007年的情况下. 在空运快递公司.上诉人,v. 伊利诺斯州的工人 COMPENSATION COMMISSION, the Illinois Appellate Court First District was confronted with the issue of whether to include overtime earnings at the straight rate of pay when calculating the injured employee’s average 周工资.
索赔人是一名货车司机. 他早上7点开始值班.m. 和结束 在4 p.m. He testified he could not return to the employer’s facility 4点后未投递的包裹.m. 除非他得到允许 这样做. 加班 was available based on 资历 and the senior package car drivers were able to either accept overtime if they chose or reject 如果他们不想工作就加班.
If the overtime was rejected by the senior package car drivers, the less senior package car drivers had to accept the overtime. 越高级 package car drivers comprised approximately 20-25% of the total drivers. 原告 fell into the top 30% of the package car drivers based on his 资历.
It was very doubtful claimant was required to work overtime in the year prior to his injury based on his high level of 资历. 申请工作 overtime in 31 of 32 weeks in the year prior to his injury.
The Illinois Appellate Court held that under 820 Ill. 电脑及相关知识. 统计. 安. 305/10 (2000), the overtime hours should not have been included in the 计算. The hours of overtime were not part of the claimant's regular hours of employment and they were not hours that the claimant was required 工作作为他受雇的条件.
While the claimant consistently worked overtime, he did not work a set 每周加班时数. 而雇主的操作需要 required overtime work by its drivers, the claimant's 资历 ensured that he would not have been required to work overtime if he did not request to 这样做.
Those uncontradicted facts led the Illinois Appellate Court to conclude that the Commission's calculation of the claimant's 每周平均工资, and thus its benefit 计算, were against the manifest weight of 的证据.
Discuss Your Case with a 芝加哥 加班 law Attorney
Every overtime issue is decided on a case by case basis. 上面的情况 law provides the injured worker with a guideline used by the Illinois 在2007年的一个案件中.
Since 1995, we’ve recovered more than $500 million on behalf of our 客户. Let us protect your rights and fight for the compensation you 是欠. 调用 (312) 487-2513 今天的案件审查!