You’re hurt and can’t work. Bills are piling up. You’re wondering how much money you’ll get from workers’ compensation while you recover.
This is one of the biggest worries for injured workers in Florida.
The good news is that workers’ compensation should replace part of your lost wages while you’re unable to work. Here’s what you need to know about how much you’ll receive and when you’ll get paid.
As a Florida work injury lawyer with over 30 years of experience with workers’ compensation cases, Adam Baron can help you understand your rights, help you get the treatment and benefits you deserve, and keep you from having to deal with the Florida work comp “system” all on your own. From Boca Raton to Coral Springs to Miami, the work injury law firm of Adam Baron can help.
If you were injured or became sick while working, we can help. Call Adam Baron at 954-247-HURT now for a Free, No-Obligation Case Review.
The Two-Thirds Rule
Florida workers’ compensation follows what’s called the “two-thirds rule.” This means you’ll receive about two-thirds of your average weekly wages while you’re totally unable to work. So if you normally make $600 per week, you’d receive approximately $400 in workers’ compensation benefits.
The payments won’t replace your full wages, but they’re designed to help you pay essential bills while you recover. These wage replacement benefits are called Temporary Total Disability or TTD benefits.
How Your Average Weekly Wage Gets Calculated
Figuring out your average weekly wage isn’t always as simple as looking at your last paycheck. The insurance company will look at your earnings over the 13 weeks before your injury happened.
If you worked full-time for those entire 13 weeks, the calculation is pretty straightforward. They’ll add up all your wages for those 13 weeks and divide by 13 to get your average.
But what if you missed work during those 13 weeks due to vacation, illness, or other reasons? Or what if you just started the job recently? Florida has special rules for these situations to make sure the calculation is fair.
For newer employees, they might look at similar workers doing the same job. If you missed time for reasons unrelated to your injury, they might extend the calculation period to get a more accurate average of what you normally earn.
There’s a Maximum Weekly Benefit
Florida sets a maximum amount you can receive in TTD benefits each year. For 2024, the maximum weekly benefit is around $1,000. This amount changes every year based on the state’s average wage.
So even if two-thirds of your weekly wage would be more than $1,000, that’s the most you can get. This mainly affects higher-paid workers. If you’re a lower or middle-income earner, you’ll likely receive the full two-thirds of your average wage.
There’s also a minimum weekly benefit, but it’s quite low. Most injured workers will receive more than the minimum amount.
When Do Payments Start and Stop?
TTD benefits don’t start immediately after your injury. In Florida, you have to be out of work for more than seven days before you can receive wage replacement benefits. This is called the “waiting period.”
However, if you’re out of work for more than 21 days, you can get paid for those first seven days too. The waiting period only applies to shorter disabilities.
Your TTD benefits continue until one of several things happens. You might recover enough to return to work. Your doctor might say you’ve reached “maximum medical improvement,” meaning your condition isn’t expected to get much better. Or you might be able to return to work with restrictions and earn some wages.
What About Overtime and Tips?
If you regularly worked overtime or earned tips, these should be included in your average weekly wage calculation. The insurance company should look at your actual earnings, not just your base hourly rate.
This is important because many workers earn significant income from overtime or tips. Make sure the insurance company has accurate records of all your earnings when they calculate your benefits.
When Payments Might Be Delayed
Unfortunately, TTD payments don’t always start on time. Insurance companies sometimes delay payments while they investigate your claim or dispute whether you’re really unable to work.
If your payments are late, you might be entitled to penalties against the insurance company. Florida law requires prompt payment of workers’ compensation benefits, and there are consequences when insurance companies don’t follow the rules.
Getting Help with Payment Problems
If you’re not receiving the TTD benefits you’re entitled to, or if the amount seems wrong, don’t hesitate to get help. Workers’ compensation attorneys can review your case to make sure you’re getting the right amount.
They can also help if your payments stop suddenly or if the insurance company claims you’re able to return to work when you’re not ready. Remember, these benefits exist to help you financially while you recover from a work injury.
It’s questions and concerns like these that prompt many people to call a workers’ compensation attorney in the first place. They need someone to work for them when it seems like “the system” is not working out for them.
The Law Offices of Adam Baron, P.A. have represented hurt workers and accident victims for over 30 years. We understand how frustrating and challenging this time can be and we know how to help you through it. Our Florida work injury attorneys are aggressive when it comes to obtaining compensation and justice on behalf of our clients.
If you were injured or became sick while working, we can help. Call Adam Baron at 954-247-HURT now for a Free, No-Obligation Case Review.