In a great win for injured workers all over North Carolina, the Supreme Court today ruled in favor of the Plaintiff in Nay v. Cornerstone. In Nay, the Defendants tried to lower the injured worker’s average weekly wage calculation arguing that as a temporary worker at a staffing agency, it would be unfair to calculate the wages only for the period of time he actually worked, instead of dividing those wages over an entire year.
The Court correctly ruled that the temporary worker’s wages are best calculated by using the average of his wages over the time he actually worked for the employer. Defendants cannot lower it by incorrectly assuming the injured worker would not have continued to work after his injury. Injured workers will be able to use this Opinion by the Supreme Court to fight for a correct determination of their wages.
If you have questions about how your weekly checks are calculated, please let us know.
Read More: Nay v. Cornerstone
Board Certified Specialist in Workers’ Compensation