The rate at which time loss benefits are calculated is affected by the number of “children” the worker had at the time of injury.
By statute, an injured worker is entitled to an increase in their timeless benefit of 2% of their wages at the time of injury, for any child dependent they had at the time of the industrial injury.
A child, as defined by statute, includes natural born children, stepchildren, children who have been legally adopted prior to the industrial injury, and can even include children born after the industrial injury if it can be shown they were conceived before the industrial injury.
The 2% added for the dependent child continues until the child reaches age 18. It can extend from age 18 to age 21 if the child remains enrolled in school full-time. If you have any questions about whether not the Department of Labor and Industries has failed to consider a dependent or dependent child in the calculation of your timeless benefit, you should contact an attorney immediately to discuss.