How Much Does Workers’ Comp Pay?
Most workers’ compensation insurance policies in Florida pay two-thirds of a job injury victim’s average weekly wage (AWW) for the full length of a temporary or permanent disability. Lost wage replacement may be the most important workers’ comp benefit. Most families live hand to mouth. A few months without a paycheck, or even a few weeks without one, are often financially devastating.
Years of workers’ compensation insurance premium reductions have drained money from the system. AWW and disability back pay calculation (more on these things below) are now large issues in these cases. So, only the best Tampa workers’ compensation lawyer can obtain maximum benefits of your serious job-related illness or injury. Other financial benefits are available as well, such as medical bill payment.
Why Only Two-Thirds?
The two-thirds compromise was part of the early 1900s Grand Bargain between workers and management. Job injury victims only receive two-thirds of their lost wages because workers’ compensation is no-fault insurance. Aside from a few limited defenses, such as being drunk or stoned at the time of an accident, full benefits are available even if the victim was mostly at fault for, or entirely at fault for, the job-related injury.
Additionally, full benefits are available even if a pre-existing condition contributed to the risk and/or severity of injury. A Tampa workers’ compensation lawyer must simply prove that the job injury substantially caused the personal injury.
Moreover, in some cases, victims can file civil claims and receive additional compensation not only for maximum lost wages, but also for emotional distress and other economic losses.
AWW Amount
Average Weekly Wage calculation is one of the most common lost wage calculation issues. A GPA (grade point average) is solely based on prior performance. But AWW calculation is broader.
Assume Jack fell at work on the last day of his probationary period. When he misses work because of that injury, his lost wages must reflect his higher regular wage, not his lower probationary wage. The same principle applies if Jack’s injury causes him to miss performance bonus milestones and overtime opportunities.
On a related note, the AWW also includes non-cash compensation, such as tuition reimbursement, expense account, and matching retirement account contributions. These items may seem small, but when a job injury victim cannot work, every penny counts, and a Tampa workers’ compensation lawyer must understand that.
Extent of Disability
Most falls and other trauma injuries cause temporary disabilities. Many occupational diseases, like toxic exposure, cause permanent disabilities. “Disability” doesn’t mean “bedridden.” Instead, this D-word means unable to work because of a medical condition. Many people try to work through the pain.
Assume Jack was a firefighter in Pinellas County in June 2023 when he responded to a horrible call and developed PTSD. For over a year, he dealt with nightmares, anxiety, and other PTSD symptoms. When he filed for workers’ comp in June 2024, his onset date may entitle him to an additional year of back pay.
A Tampa workers’ compensation lawyer usually settles AWW, onset date, and other such disputes out of court.
Count on a Savvy Hillsborough County Lawyer
Injury victims are entitled to important financial benefits. For a confidential consultation with an experienced workers’ compensation lawyer in Tampa, contact Kobal Law. We routinely handle matters throughout the Sunshine State.
Source:
thehartford.com/workers-compensation/how-to-calculate-cost
