GETTING PAID IN A FLORIDA WORK COMP CLAIM
Believe it or not, when a worker is injured in a workers compensation claim in Florida, they are not guaranteed payment of wage benefits for every day they are out of work.
Under Florida law, you are not paid for the first seven days of disability. However, if you lose time because your disability extends to over 21 days, you may be paid for the first seven days by the insurance company. If the workers’ compensation authorized doctor has you totally out of work, then you would be entitled to Temporary Total Disability benefits which totals two-thirds of your average weekly wage (up to a statutory imposed limit). If the workers’ compensation authorized doctor has you on light duty status or “return to work with restrictions” status, then you may be eligible for Temporary Partial Disability benefits if you earn less than 80% of your average weekly wage.
If you were injured after October 1, 2003, your average weekly wage is calculated using wages earned 13 weeks prior to your injury, not counting the week in which you were injured. This includes wages you earned in a second job. If you worked less than 75% of the 13 week period, a similar employee in the same employment who has worked 75% of the 13-week period or your full time weekly wage will be used. You should receive the first check within 21 days after reporting your injury to your employer.
If you feel that you have not received your wage benefits after a Florida workers’ compensation claim, you should consult with a lawyer who handles Florida workers’ compensation claims. Also, if you feel that the insurance company did not calculate your average weekly wage correctly, consult with a lawyer who handles Florida work comp claims. Attorney Matthew Noyes’ law firm has been representing injured persons for over 52 years. To Contact Attorney Matthew Noyes to Discuss Your Florida Work Comp Claim, Click Here.