- Workers' Compensation
When most people go out on workers’ compensation, they assume they’ll continue to receive their regular pay. However, in Florida, as in most other states, you only receive 2/3 of your average weekly wages. Our Lakeland workers’ compensation lawyers have met with our fair share of clients whose benefits are less than they’re supposed to be.
Sometimes, this is because there is a cap on how much you can receive every week.
Nobody is Ever Guaranteed Workers’ Compensation Benefits
Before we discuss how much you can receive in workers comp, it’s important to discuss how you qualify for benefits. Not everybody who gets hurt on the job is entitled to workers comp benefits.
It all depends on whether you meet the criteria for workers’ compensation in Florida. Our Lakeland workers’ compensation attorneys can review your claim and determine if you meet these criteria.
Your Lakeland Workers’ Compensation Attorney May Have to Prove That You Qualify for Benefits
If your workers’ compensation claim has already been approved, then you should be receiving weekly benefits already. If your claim was denied, or if you haven’t filed a claim yet, that’s okay.
Our Lakeland workers’ compensation attorneys can always review your claim to see what the problem is. If you meet the following criteria, then there’s no reason why you shouldn’t already be receiving your weekly benefits:
- Your injuries must have been sustained on company time.
- You must have been acting within the scope of your employment at the time of your accident.
- You cannot be under the influence of drugs or alcohol.
- You must report your injuries right away.
- You must agree to be treated by a workers comp doctor.
- You must comply with your treatment plan.
As long as you meet these requirements, you should start to receive your benefits soon. The only question will be how much these benefits will be.
There Are Certain Categories of Workers Who Are Not Eligible for Workers’ Compensation
In addition to meeting the above criteria, you must belong to a class of workers eligible for workers’ compensation. In Florida, there are certain categories of workers who are not entitled to workers comp benefits. These include:
- Federal employees
- Railroad workers
- Domestic workers in private homes
- Independent contractors
- Casual workers
Most of the people our Lakeland workers’ compensation lawyers represent are eligible for workers comp. It’s just a matter of making sure they meet the requirements.
You Will Receive Two Types of Benefits if Your Claim is Approved
Once your claim is approved, you’ll receive two types of benefits. This is the same regardless of what kind of work you do. It also won’t matter what kind of injury you suffered.
All injured workers are entitled to medical attention. This will be covered by your employer’s insurance carrier. In addition, if you are out of work for at least seven (7) days, you’ll be entitled to weekly benefits as well.
Your Medical Treatment Will Be Covered by Workers’ Compensation
It’s important to remember that only medical care related to your workplace accident will be covered. For example, if you hurt your back at work, then the insurance carrier will cover treatment for your back injuries.
If you have some other medical issue that isn’t related to your job, then it will not be covered by workers’ compensation.
You Will Also Receive Weekly Replacement Wages
In addition to medical care, you will also be entitled to weekly replacement wages. These will be equal to 2/3 of your average weekly wages. The amount you will receive will be determined by the insurance company.
Imagine that you normally make $1,000 per week. You will receive $666 per week on workers’ compensation. If you make $2,000, you would think that you’d receive $1,332 per week. However, it depends on what the maximum amount for weekly benefits is in the State of Florida.
There is a Maximum Amount You Can Receive Per Week on Workers’ Compensation
There is a limit to how much you can receive while you’re out on workers’ compensation. The cap changes every year. For the year 2023, the maximum benefit rate in Florida is $1,197.
Anybody who gets injured on the job after January 1, 2023, will be entitled to up to $1,197 per week. What this means is that people who make more than approximately $1,800 per week will be limited to $1,197 per week.
If you happen to make more than $1,800, you may lose a significant amount of money while out on workers’ compensation.
Your Employer Must Submit Your Wage Information to the Insurance Company
The only way the insurance company will know how much your benefits should be is if your employer sends over your wage information. Ideally, they will send payroll information for the last 52 weeks.
If you have worked for the company for less than a year, your employer will send over what information they have. If you have only been with the company for three months, then the insurance company will have to rely on twelve weeks of wages to determine your average weekly wages.
Your Lakeland Workers Compensation Lawyer Will Make Sure Your Benefits Are Correct
If you don’t believe your benefits are the right amount, let your Lakeland workers’ compensation attorney know right away. They will reach out to the insurance carrier and find out what information they’re using to calculate your benefits.
They will also reach out to your employer to ensure that the correct information has been sent to the insurance carrier. Your Lakeland workers’ compensation lawyer will also make sure you are reimbursed for any retroactive benefits you should have received.
Reach Out to an Experienced Lakeland Workers’ Compensation Attorney Right Away
Most people who get hurt on the job have no problem filing for workers’ compensation benefits. Their medical care is covered, and their weekly benefits are for the right amount. However, our Lakeland workers’ compensation attorneys have handled plenty of cases where this isn’t the case.
If you’re not receiving your workers’ compensation benefits, there is clearly a problem. We suggest you contact one of our workers comp lawyers in Lakeland for help. You can schedule a free, initial consultation over the phone, or you can do so through our website.
