Did you know that workers who suffer job-related injuries or illness in Florida may be eligible to recover benefits that cover a portion of their lost wages? The benefits you may receive from your workers compensation case can be available on a temporary or permanent basis. The amount is based on a percentage of what the worker was paid prior to going on workers’ compensation. Unfortunately, our experience has shown that it is not unusual for an employer or their insurance company to dispute the facts of a case or the extent of a worker’s disability.
Workers’ compensation claims attorney Edward P. Busch can help if your claim for lost wage benefits is disputed. He has over 4 decades of experience in this area of the law and a record of helping workers to obtain the lost wage benefits they deserve.
Arrange for a free consultation about your case. Our firm serves clients throughout the greater Miami and South Florida areas..
Florida Workers’ Compensation for Temporary or Permanent Disability
The Law in Florida stipulates that the workers’ compensation system pays lost wage benefits that, in most cases, equal two-thirds (66.6 percent) of the injured or ill worker’s weekly pay prior to their injury or illness. It is also stipulated that this amount is not to exceed the average weekly wage in Florida.
Lost wage benefits are paid after a worker has been out of work for seven calendar days. Once the worker has been out of work for more than 21 days, he or she can receive benefits for the first week of missed work.
Payment checks are sent bi-weekly (every other week) and should begin about 21 days after the employer’s insurance carrier is notified of the worker’s injury or illness.
Lost wage benefits are allowed for what is considered by law to be temporary or permanent disability. They include:
- Permanent Total Disability Benefits – These benefits are allowed when injuries leave a worker permanently and totally disabled and unable to do any kind of work for money. The employee must establish that he or she is not able to engage in any employment available within 50 miles of home or has certain injuries that are automatically considered totally disabling such as loss of an arm or leg, paralysis, total blindness or severe traumatic brain injury (TBI). These are intended to be lifelong payments.
- Temporary Total Disability Benefits – These benefits continue until the worker returns to work or reaches maximum medical improvement (MMI). MMI occurs when the treating physician determines that an injury or illness has healed to the extent that further improvement is not likely. This may or may not be a full recovery.
An Attorney’s Role When Lost Wage Benefits Claims are Disputed
To obtain workers’ compensation benefits, an injured worker must see a doctor provided by their employer’s workers’ compensation insurer. This doctor decides the extent of the worker’s injury or illness and related disability. The insurer’s doctor also decides whether the worker has reached maximum medical improvement (MMI) and/or can return to work.
Typically, a potential dispute can arise either before benefits are awarded, or at some point when the doctor decides an injured employee is ready to return to work.
As the injured or ill employee, you can appeal any rulings pertaining to your workers’ comp claim. This requires providing evidence, testimony and/or witnesses before a judge in a hearing. Your employer’s insurer can provide their own evidence and testimony and question your witnesses.
Contact an Experienced Miami Workers’ Compensation Lost Wages Benefits Attorney
If a Florida employer is disputing your eligibility for workers’ compensation lost wage benefits, contact Edward P Busch, one of Florida’s most experienced workers’ compensation attorneys. Our law firm will protect your rights and work hard to pursue the benefits you need due to your work-related injury or illness.
