How is Worker’s Compensation Calculated in Florida?
Worker’s compensation benefits can include payments for medical bills and rehabilitation expenses. If you have had to miss time from work due to a workplace injury or disability, worker’s compensation benefits may also include compensation for a percentage of your weekly wages. But what are these benefits?
Your weekly wage benefits will depend on several factors. Factors can include whether you are temporarily partially disabled or temporarily totally disabled and whether you are able to work in a light duty capacity or are not able to work at all. According to the Florida’s statutes that apply to worker’s compensation claims, workers can receive up to 66.66 percent of their gross wages at the time of their injury, as long as this amount of money doesn’t exceed the maximum compensation rate applicable to the claim. Individuals are entitled to receive temporary partial disability benefits or temporary total disability benefits until they have reached overall maximum medical improvement.
Lost wages benefits are calculated based on your average weekly wage before you were injured. Average weekly wage can be based on the average of your gross wages during the thirteen (13) week period preceding your accident. If you have not worked for thirteen (13) weeks before your work accident, the wages of a similar employee can be used to determine the average weekly wage. The maximum rate of benefits will depend on the year that your accident took place. In 2020, the maximum weekly compensation rate $971 per week.
Have questions about what you might be entitled to receive through a worker’s compensation claim? Do you disagree with your disability rating? Do you disagree with your work restrictions? Do you disagree that your employer is making light duty work available that is consistent with your work restrictions as determined by your treating physicians? Do you disagree with the denial of your temporary partial disability or temporary total disability benefits? Do you disagree with the calculation of your average weekly wage by the workers’ compensation insurance carrier or your employer? Orlando R. Murillo, P.A. is a worker’s compensation law firm in Miami, Florida that may be able to assist you with your worker’s compensation claim. We can review your average weekly wage to make sure that you are receiving the correct amount of indemnity benefits. Often, a correction to your average weekly wage and litigation concerning the payment of your indemnity benefits can have a significant impact on the overall settlement value of your claim, should you be interested in eventually settling your worker’s compensation claim.
Permanent Total Disability and Worker’s Compensation in Miami, Florida
Permanent total disability designation for worker’s compensation is reserved only for the most serious workplace injuries—like blindness, loss of limbs and paralysis. While prior requirements required that a worker show permanent disability entailing blindness in both eyes, loss of two arms, two legs, or paraplegia or quadriplegia, current standards for permanent total disability are more rigorous. If your employer or employer’s worker’s compensation insurance cannot show that you can engage in at least “sedentary” employment within a fifty-mile radius of your home, then you may qualify for permanent total disability. If you are so disabled that you cannot return to work again in sedentary capacity, you may be entitled to make a worker’s compensation claim for permanent total disability. Under this standard, a worker that is permanently and totally disabled may be entitled to receive 66.66 percent of his or her pre-accident weekly gross wages.
Worker’s compensation insurance carriers and employers will often try to show that you are capable of performing at least some type of sedentary work, thereby disqualifying you from receiving permanent total disability benefits. Orlando R. Murillo, P.A. is a law firm specializing in handling workers’ compensation claims in Miami, Florida and may be able to assist you with making a claim for your permanent and total disability benefits. A serious workplace injury can leave you and your family struggling with what to do next. If you have questions about your rights, or if your permanent total disability benefits have been denied, Orlando R. Murillo, P.A. may be able to help you.
Injured on the Job in Miami, Florida?
If you have been injured on the job in Miami, Florida you may have a range of questions about your rights under the law. You may be wondering what lost wages claims you are entitled to recover and what your next steps should be. Most workers are covered under worker’s compensation insurance, though there are some exemptions. Are you being denied worker’s compensation? Have questions about your rights? Orlando R. Murillo, P.A. is a worker’s compensation law firm in Miami, Florida that may be able to assist you with your case. Reach out to our attorney today or connect with USAttorneys.com to get matched with a lawyer near you.