Does the workers’ compensation insurance carrier have to pay me lost wages?
Workers’ compensation is a crucial safety net for employees who suffer work-related injuries or illnesses. In Florida, workers’ compensation laws are designed to ensure that employees receive the medical care and financial support they need to recover and return to work. One of the most pressing concerns for injured workers is whether their workers’ compensation insurance carrier will pay their lost wages. In this blog article, we will explore Florida’s workers’ compensation laws and outline when and how employees can receive compensation for lost wages.
Understanding Florida Workers’ Compensation Laws
Florida workers’ compensation laws require most employers to carry workers’ compensation insurance to cover employees who experience work-related injuries or illnesses. These laws exist to provide medical treatment, financial support, and a level of income replacement for affected workers.
In general, workers’ compensation benefits in Florida are intended to cover:
- Medical expenses related to the work-related injury or illness
- Temporary or permanent disability benefits
- Vocational rehabilitation services
- Death benefits for surviving dependents
Claiming Lost Wages in Florida
In Florida, workers’ compensation benefits can include payment for lost wages. However, this depends on the severity of the injury or illness, the worker’s ability to return to work, and the duration of their recovery period. There are two primary types of lost wage benefits in Florida:
- Temporary Total Disability (TTD) Benefits: If your injury or illness prevents you from working at all, you may be eligible for TTD benefits. These benefits are calculated at 66 2/3% of your average weekly wage and can be paid for up to 104 weeks or until you reach maximum medical improvement (MMI).
- Temporary Partial Disability (TPD) Benefits: If you can return to work but can only perform limited or part-time duties, you may qualify for TPD benefits. TPD benefits are calculated at 80% of the difference between 80% of your average weekly wage before the injury and your post-injury earning capacity. These benefits can be paid for up to 104 weeks or until you reach MMI.
It’s important to note that Florida law has specific waiting periods and caps on the duration and amount of lost wage benefits. For example, you won’t receive any lost wage benefits for the first seven days of your disability unless your disability lasts more than 21 days.
What You Should Do If You Need Lost Wage Benefits
If you suffer a work-related injury or illness and need lost wage benefits, you should take the following steps:
- Report your injury to your employer as soon as possible. In Florida, you generally have 30 days from the date of the injury or the date you became aware of the injury to report it.
- Seek medical attention from an authorized medical provider. Your employer or their workers’ compensation carrier should provide you with a list of authorized medical providers.
- Follow your medical provider’s treatment plan and keep all appointments.
- Keep detailed records of your medical treatment, work restrictions, and any communication with your employer or the insurance carrier.
- Consult with an experienced workers’ compensation attorney if you have any concerns about your rights or the handling of your claim.
Conclusion
While Florida’s workers’ compensation laws do allow for lost wage benefits in certain circumstances, it is essential to understand the specific rules and requirements that apply to your situation. By following the steps outlined above and seeking legal advice when necessary, you can help ensure that you receive the compensation you deserve while recovering from your work-related injury or illness.