subject: Fort Lauderdale Labor Attorney Explains Your Workers Comp Rights [print this page] How Much Am I Paid Under Workers' Compensation?
Under Florida's Workers' Comp law, you're not paid for the first seven days of your disability. But if your disability lasts longer than 21 days, you may be paid for those first seven days as well. Normally, your bi-weekly benefit check will be for 66 2/3% of your average weekly wage. Your average weekly wage is figured using the wages you earned 13 weeks before your injury, but doesn't count the week in which you were injured. If you worked less than three-quarters of the 13 week period (perhaps because you were a new hire), the amount of your benefit is figured from the wages of a similar employee in the same type of employment who has worked three-quarters of the 13-week time period.
What if My Employer Won't Report the Incident?
When you are hurt on the job, report the incident as soon as possible. You have up to 30 days to report it, or your claim can be denied. Your employer should report the injury to the Workers' Comp insurer as soon as possible, but no later than seven days after you report it to them. Within three days after your employer reports the incident, you should receive a brochure explaining your rights and responsibilities under Workers' Comp law. If your employer won't report the injury, you have the right to report the injury directly to the insurance company. Should your employer not report the injury, you may want to speak with a Fort Lauderdale work comp lawyer to learn how to best protect your rights.
How Does Workers' Comp Work with Other Types of Benefits?
You can receive Worker's Comp benefits and Social Security benefits at the same time. However, if the two combined add up to more than 80% of your average weekly wage, your Workers' Comp benefit may be reduced. You may not receive unemployment benefits and Workers' Comp benefits at the same time. That's because when you receive disability benefits, you are not medically available for work, and hence do not qualify for unemployment.
Can My Employer Fire Me for Making a Claim?
Your employer is not allowed to fire you because you filed a Workers' Comp claim. However, your employer does not have to hold your job for you until your doctor releases you for work. If you're unable to return to the type of work you did before you were hurt on the job, you may be eligible to receive free reemployment services including vocational counseling, formal retraining, and transferable skills analysis.
What if My Workers' Comp Claim is Denied?
If your Workers' Comp claim is denied, you should speak with a Fort Lauderdale work comp lawyer as soon as possible to learn what all your options are. When administered fairly, Workers' Comp laws keep you from losing wages after you are hurt on the job. A Fort Lauderdale labor attorney can advise you on the best way to proceed after an on-the-job injury so that your rights are protected.
