Lost Wages and Workers’ Compensation: What You Need to Know
Most families live hand to mouth. Most people cannot pay cash to cover a $400 emergency expense. Since most households walk such a fine line between making ends meet and falling behind, even a temporary income disruption is usually devastating. The devastation has emotional effects as well as financial ones. Money stress increases physical stress, extending the recovery time for workplace injuries.
Only the best Tampa workers’ compensation lawyer obtains maximum lost wage replacement benefits that put your family on secure footing. Although victims cannot do without lost wage replacement, most insurance companies bitterly contest this point. To an insurance company, a victim is just a name and lost wage replacement is just an expense. To a Tampa workers’ compensation lawyer, on the other hand, these things are deeply personal.
Wage Replacement Eligibility
Employees (not independent contractors) who sustain work-related injuries or illnesses are eligible for wage replacement benefits.
Bosses do not decide who is an employee and who is a non-employee. Instead, Florida law broadly defines the E-word, especially in this context. In most cases, independent contractors and low-wage interns are eligible for benefits.
The injury or illness must “arise out of” and occur “in the course of” your employment. If a pre-existing or non-work condition increases the risk and/or severity of a work-related illness or injury, a Tampa workers’ compensation lawyer can still obtain maximum benefits.
Additionally, victims must report injuries or illnesses to their employers, typically within 30 days of when they knew (or should have known) about them.
Lost Wage Calculation
Florida uses your Average Weekly Wage (AWW), which is based on gross pay over the previous thirteen full weeks before the injury (excluding the week of injury), to calculate the lost wage replacement rate.
In most cases, if the injury prevents any work, Temporary Total Disability (TTD) benefits are two-thirds of the average weekly wage. For severe injuries (e.g., loss of limb, paralysis, or loss of both eyes), for the first 6 months after injury, Florida may increase TTD benefits to 80 percent of the AWW.
If a qualifying illness or injury temporarily allows “light duty” but reduces earning capacity, Temporary Partial Disability (TPD) benefits are available. TPD is usually two-thirds of the difference between higher and lower incomes.
When Benefits Start and How Long They Last
Florida law imposes a seven-day waiting period on lost wage benefits. However, if the work-related disability lasts more than 21 days, retroactive payments are available for those first seven days.
TTD or TPD benefits generally continue until the victim returns to work, reaches your doctor’s determination of Maximum Medical Improvement (MMI), or benefits reach the statutory maximum (usually 104 weeks).
If an illness or injury causes permanent impairment or reduces long-term earning capacity, workers’ comp usually pays additional benefits tied to that impairment or wage loss (permanent partial or permanent total disability), depending on the circumstances.
Important Limitations and Other Things to Watch Out For
The benefit amount is subject to a statewide maximum weekly benefit rate. If pre-injury wages were very high, a benefits cap might apply.
Furthermore, calculations are especially complex if the victim returns to work at a reduced capacity. It typically involves comparing pre-injury AWW with new reduced earnings, and benefits may decrease accordingly.
Count on a Dedicated 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. Virtual, home, and hospital visits are available.
Source:
federalreserve.gov/consumerscommunities/sheddataviz/unexpectedexpenses.html
