MONEY AFTER MMI IN FLORIDA WORK COMP CASES
Florida’s Workers’ Compensation law entitles an injured work to scheduled weekly impairment benefits, paid over a scheduled number of weeks, for any injury that results in a permanent impairment rating. Carrier are required to pay impairment benefits within 14 days after the carrier has knowledge of the impairment rating.
Your date of accident determines how many weeks you are entitled to impairment benefits. Any accidents occurring on or after October 1, 2003, the number of weeks payable depends on the impairment rating as follows:
- From 1% to 10% — Two weeks for each percentage point from 1 to 10.
- From 11% to 15% — Three weeks for each percentage point from 11 to 15.
- From 16% to 20% — Four weeks for each percentage point from 16 to 20.
- 21% and higher — Six weeks for each percentage point above 20.
Now that we know how long you are entitled to impairment benefits, the next step is to determine how much the weekly benefit is. For accidents occurring on or after October 1, 2003, the weekly benefit is 75% of the injured worker’s compensation rate. HOWEVER, that amount is cut in half for each week in which the injured worker’s income is equal to or greater than his or her average weekly wage. Reducing 75% by half results in a benefit equal to just 38% of the injured worker’s compensation rate.
If you have been injured in a Florida workers compensation accident, it is important that you understand the limited benefits you are entitled to under the law. Workers’ compensation carrier have attorneys working for them right after your work injury, so should you. My firm has been representing those injured in Florida work comp matters for over 52 years. To contact me to discuss your rights after a Florida work comp injury, simply click here.