MEMO TO ALL INJURED WORKERS: File a Florida Workers’ Compensation claim if you were injured in a workplace accident. WHY? You’re one step closer to financial help while you’re unable to work. If the doctor takes you out of work or places you on certain light duty restrictions, you may qualify for lost wages. You may qualify for an advance on your case as well. Both standards are based on whether the disability/accident caused the wage loss. It’s essential to hire a Florida Workers’ Compensation attorney to ensure you’re taken care of while you rest at home due to a workplace injury.
You’re entitled to lost wages paid by the insurance company in many different instances.
AVERAGE WEEKLY WAGE
Your Average Weekly Wage is based on your gross earnings including fringe benefits (tips, commissions, etc), health insurance paid by your employer, etc. for the 13 weeks prior to the Workers’ Compensation accident.
SIMILAR EMPLOYEE- If you didn’t work many 13 WEEKS prior to the accident, the wages of a similar employee will be utilized to calculate the correct average weekly wage.
CONCURRENT EARNINGS- Wages of a second job you may have worked at 13 weeks prior to the accident will be added into the Average weekly wage calculation. All you need to do is simply provide us with pay stubs for the second job. We’ll make sure the insurance company takes those earnings into consideration when paying lost wages.
WHY IS THIS IMPORTANT?
Your Average Weekly Wage dictates what the insurance company will pay you for lost wages. It’s essential to give our experienced Florida attorneys your payroll records for any jobs 13 weeks prior to the accident, to ensure the correct amount is paid. We can always subsequently request a modification of the checks. However, it’s best practice to have the information at hand when we file your case!
LOST WAGE SCENARIOS
1) If you’ve taken out of work by the treating doctor you’ll receive Temporary Total Disability Benefits (TTD). These benefits are paid until you’re returned to work or receive job accommodation. You’ll generally receive 66 2/3 of what you made at work.
2) You’ll receive TPD (Temporary Partial Disability) benefits if you return to work on light or modified duty and you earn less than 80% of your average weekly wage.
-Both benefits are available for a maximum of 5 years so long as you’re either out of work or working and earning less than 80% of your average weekly wage due to the workplace accident.
-We’ll make sure the insurance carrier pays the above-lost wages without delay. However, if the carrier delays, we’ll request penalty and interest payments!
A lump-sum advance is another tool to ensure you receive wages/funds while you’re unable to work, or stuck between a rock and a hard place. Advances are best utilized to pay back rent, electricity and other such necessities. We simply petition the Judge of Compensation Claims to approve the advance. The Insurance carrier will then pay or the Judge will award the funds up to a certain threshold. Advances are a suggested alternative to loans. Loans require interest and activation payments, while Advances are free of charge.
It is essential for employees who are injured on the job to have a Florida Workers Compensation Attorney review all of their documents prior to filing a Florida Workers Compensation lawsuit. We want to make sure the insurance carrier pays your wages correctly the first time. Our system is designed to do that seamlessly and effortlessly once we file your Workers Compensation lawsuit. We’ll make sure you receive all lost wages due and owing.
Our firm, LaBovick Law Group has proven, time and time again, to spearhead the attack on insurance companies who mislead injured workers and act against their obligations on the Workers Compensation Law. We will not back down from a fight, even against a giant company like McDonald’s.
Give us a call. We are available 24/7/365 for a call. (561) 623-3681.