A Florida workers’ compensation claim can have devastating effect on an injured worker’s family finances. Believe it or not, there is one portion of the Florida workers comp law that can provide assistance to the injured worker in financial need–the advancement.
In a nutshell, under Florida’s work comp law, an injured worker who is taken out of work because of his or her injuries is entitled to Temporary Total Disability benefits equaling two-thirds of the injured worker’s pre-accident wages. If the injured worker is released to modified duty and the employer has no work within the restrictions, the injured worker is entitled to temporary partial disability benefits which are less than two-thirds of the average weekly wage. Lastly, in most cases, once the injured worker is placed at Maximum Medical Improvement (MMI), the wage benefits end whether or not the injured worker is able to find work. These scenarios all scream out for the need of financial assistance.
Under Florida Statute 440.20(12), an injured worker is entitled to an advance payment of compensation not in excess of $2,000 in the event the injured worker has not returned to the same or equivalent employment or has suffered a substantial loss of earning capacity or a physical impairment, actual or apparent. The advance payment of compensation not in excess of $2,000 may be approved informally by letter, without hearing, by any judge of compensation claims or the Chief Judge. Under the Florida workers’ compensation law, the employer shall be entitled to be reimbursed out of any unpaid installment or installments of compensation due. However, the fact that the employer may never be paid back is not to be taken into consideration on advances less than $2,000.00.
So, if you or a loved one is struggling financially after a Florida workers’ compensation injury, consider requesting an advance under Florida work comp law. This advance can be used to catch up on medical bills, prevent an eviction, obtain denied medical care or other ways that may benefit your case or your family.
For legal answers to your Florida workers’ compensation questions, contact Attorney Matthew Noyes. Attorney Noyes is the Director of his firm, Perenich, Caulfield, Avril & Noyes’ workers’ compensation department. Click here for a case consultation. There are no attorneys’ fees or costs if there is no recovery to you.