Seek Proper Compensation Based on Your Wages

Top Workers' Comp Attorney for High Wage Earners in Louisiana

Maximize Your Workers' Comp Benefits with J. David Smith in Louisiana 

High wage earners face significant difficulty after a work place injury. Because they earned so much before they were hurt, high wage earners often are paid less than two thirds of their average weekly wage. This is because weekly workers’ compensation benefits are limited by law to a maximum benefits amount. J. David Smith, Attorney at Law has the experience you need to navigate compensation during this difficult time.

Who Qualifies as a High Wage Earner in Workers' Comp Cases?

If you are employed in any of the following areas or if you earn in excess of $800 per week before taxes regardless of job type, you should carefully review your payroll documentation and your workers’ compensation check to make sure you are being paid the correct rate:

Currently, the maximum temporary total disability workers’ compensation rate is $653 per week. So, even if you earn more than $1000 per week, you will still only receive $653 per week in benefits.

Maximizing Workers' Comp Benefits for High Wage Earners

While your high pre-injury wage results in a significant penalty during the time that you are unable to work, it can provide a significant benefit if you eventually are able to return to work.

Understanding Workers' Comp Benefits for Returning Employees

Your adjuster may not tell you, but you may be able to draw your full workers’ compensation check even after you return to work. Trust our Baton Rouge high wage earnings lawyer to help you navigate the complex legal system.

Here is how it works: If your work accident results in an injury that either temporarily or permanently reduces your ability to earn as much as you did before you were hurt you may be eligible for a significant benefit called Supplemental Earnings Benefits, or SEB for short.

Supplemental Earnings Benefits Explained

Supplemental Earnings Benefits are different from your temporary total disability benefits. SEB’s compensate you for your loss in earning capacity due to your injury.

Essentially, SEB’s compensate you for 66% of your monthly wages loss associated with a loss of earning capacity caused by your work injury. Simply put, if you are unable to earn 90% of the money you made prior to injury, because of your injury, then you will be entitled to SEB.

For example, if you were earning $1000 per week before you were hurt and are currently only able to earn $400 per week because of your injury, then your wage loss would be $600 per week. You would be entitled to 66% of $600 or about $400 per week. Technically, SEB is calculated and paid on a monthly basis, but for ease of explanation, a weekly illustration is provided.

Understanding the Cap on Supplemental Earnings Benefits

The only cap to the supplemental earnings benefits is that you can never draw more in supplemental earnings benefits than you could in temporary total disability benefits.

Warning – if you do not report wage losses to the insurance company they will not pay you the supplemental earnings benefits you deserve.

Duration of Supplemental Earnings Benefits Eligibility

The SEB eligibility period is 520 weeks, with credit given for every week of temporary total disability (TTD) received. So, if you were off work for 26 weeks after your injury and received TTD for that period, when you returned to work, you would have 494 weeks of potential eligibility for SEB.

Your SEB will fluctuate every month depending upon how much you earn. It is very important to maintain good post-accident wage records. You will report your earnings to the employer/insurance company every month on a form called an LDOL-1020. This form must be turned in every month. If you fail to turn in this form you will not receive SEB until you do.

Professional Wage Loss Calculation and Reporting Assistance

The office of J. David Smith, Attorney at Law will help you calculate your wage loss and report it correctly to the insurance company. Our Baton Rouge workers’ compensation lawyer will also document their compliance or non-compliance in case your claim ultimately ends up in court.

Many times the SEB is a major value driver in settlement negotiations. Higher pre-injury average weekly wage, usually results in larger SEB settlement figures. It is important to remember that the loss of earning capacity must be due to the injuries sustained in the work accident and not economic downturns, layoffs, or other issues.

J. David Smith would be happy to speak with you personally, on the telephone, or by email about your case. He will explain what the insurance company owes you and why at no costor obligation to you. Our firm represents injured workers all over the State of Louisiana.

Injured High Wage Earner? Get the Compensation You Deserve with J. David Smith. Contact Us Now for a Free Consultation!

  • Louisiana State Bar
  • Baton Rouge Bar Association
  • WILG
  • Best Personal Injury Attorneys in Baton Rouge |


Your Experience is Very Important
    "No better services could be found in Baton Rouge but J David Smith."

    No better services could be found in Baton Rouge. Workers Compensation and Disability struggles were overcome because of J David Smith.

    - C.D.
    "Very helpful and informative."

    David Smith has been very helpful and informative in assisting me to find the proper channels for me to pursue my injury case.

    - Joey T.
    "Great lawyer!"

    Would recommend to anyone looking for a great lawyer.

    - Anthony W.
    "So thankful for Mr. David for getting everything fixed top notch."

    The best in workman comp cases! Without Mr. David's knowledge and persistent actions, my family and I would have been left in the dark by workmans comp.

    - Jay M.
    "Five Stars!"

    I never could have navigated the workers' comp. system alone. Atty J. David Smith personally assisted me every step along the way to an outcome that was satisfactory and fair. He deserves all five stars.

    - Carol S.
    "I will refer any and everyone I run across that gets injured in the work place."

    Let me start by saying that I don’t think there’s a case he can’t win. He’s professional, experienced, never sweats over anything, always confident.

    - Jay H.
    "Great customer service."

    I called the wrong attorney but he guided me to the right attorney.Great customer service.Thank you.

    - Trey B.
    "He took very good care of me."

    Just wanted to say I'm glad I had David Smith on my side, he took very good care of me. I did and would recommend him to family and friends. Thanks for the hard work, it's very much appreciated. 5 stars.

    - Bradley S.

What J. David Smith, Attorney at Law Can Do for You

  • Serves as Bar Examiner for the Louisiana Supreme Court’s Committee on Bar Admissions.
  • Named as one of the top 100 Injured Workers’ Advocates nationally by WILG.
  • Trusted by other law firms in our area and we often get referrals from other attorneys.
  • Handles all communication with your employer and the insurance company right away.


At J. David Smith, Attorney at Law, we're always ready to take your calls! Give us a call or fill out the form below to contact one of our team members.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy