What To Do If You Receive An Incorrect Workers’ Compensation Check?
If you received a workers’ compensation check and the amount is less than the amount you are entitled to, there may have been a mistake with the calculation of your benefits. When injured individuals receive an incorrect workers’ compensation check, the amount is usually lower than what you need to meet your financial obligations after the workplace injury.
If the amount in your workers’ compensation check is not correct, consider speaking with an attorney to determine what steps you could take to make sure that you are paid the amount you are entitled to.
At Kobal Law, our Tampa workers’ compensation attorney helps injured workers pursue the benefits they deserve by negotiating with insurance companies and navigating the process of having an insurer correct their mistake.
How Do Florida Insurance Companies Calculate Workers’ Compensation Benefits?
Under Fla. Stat. § 440.14, workers’ compensation benefits are calculated based on the worker’s pre-injury wage. Wage benefits amount to two-thirds (66 2/3 percent) of the worker’s average weekly wage.
For the purpose of calculating wage benefits, insurance companies look at the worker’s wages earned during the 91-day period (13 weeks) preceding the date of the workplace accident. However, different rules will apply to calculate workers’ comp benefits if a worker can return to a pre-injury job after a work-related injury or illness.
Can an Insurance Company Make Mistakes When Issuing Workers’ Comp Checks?
Yes. Insurance companies sometimes make mistakes when calculating workers’ compensation benefits for injured workers or issuing checks. An injured worker may receive an incorrect amount in their workers’ compensation check if the insurance claims representative used the wrong pay information or simply made a calculation error.
If you believe that you have been underpaid by your employer’s workers’ compensation insurance company, consider speaking with an attorney to get to the bottom of the issue and determine if there has been a mistake.
If there was a mistake, the insurer might be required to pay back pay, penalties, attorney’s fees, and other legal costs if the issue led to litigation.
4 Reasons the Amount in Your Workers’ Compensation Check May Be Lower Than Expected
Generally, there are four reasons an insurance company could underpay you when issuing workers’ compensation checks:
- There is not enough evidence. You need strong evidence to prove the extent of your injuries and get maximum compensation for your damages.
- You took too long to report your injury. Florida law requires employees who sustain work-related injuries to report the injury to their employer within 30 days of the date of the incident (Fla. Stat. § 440.185).
- You had a pre-existing injury. An insurance company is likely to attempt to undervalue your workers’ compensation claim if you had a pre-existing injury or medical condition.
- The insurer claims that you were intoxicated. Under Florida law, injured workers are barred from recovering compensation for any work-related injuries caused primarily by the intoxication of the worker.
If you received an incorrect workers’ compensation check or your employer’s insurance company otherwise pays you less than you deserve, contact an attorney. At Kobal Law, our workers’ compensation lawyer has extensive experience in helping injured workers get the compensation to which they are entitled. Call 813-873-2440 to receive a case evaluation.