Many people who talk to a Miami Beach workers comp lawyer are worried about providing for their families after being injured at work. Serious injuries require medical care and rest. But this means no weekly paycheck coming in.
Fortunately, the workers compensation system in Florida provides replacement wages while you recover. Let us explain how this system works. If you need help with your claim, contact us today.
Workers Comp Pays for Medical Care and Lost Wages
The purpose of workers compensation insurance, which is mandatory for most employers in Florida, is to provide injured workers with compensation for any medical care expenses caused by a workplace injury.
At the same time, workers comp benefits also include replacement wages. Most injured workers receive 66% or 2/3 of their average weekly wage. Employees who suffer very severe injuries on the job may receive 80% of their weekly wage for up to six months after the date of the workplace accident.
Limits on Workers Comp Wage Benefits
Although replacement wages are calculated as a percentage of the average income, there is also a cap on the maximum amount you can collect each week. This amount is adjusted annually with inflation. At the present, it is $1,197 per week.
Also, there is a limit to the period of time when you can collect workers compensation benefits – 104 weeks or 26 months from the date of your accident.
Workers Comp Benefits Kick in after a Period of Time
An experienced Miami Beach workers compensation attorney will also explain to you that you won’t start receiving compensation or replacement wages right away after your accident. Even after your claim is approved, there are specific time periods of being out of work due to a workplace injury in order to qualify for benefits.
- Replacement wages start within 21 days of when you report your injury to the employer.
- You will not receive replacement wages for the first seven days you miss work unless you miss over 21 days.
You May Use Sick or Vacation Days for the First Week
Not getting wages for one week puts a lot of people in a difficult financial position. Many workers live from paycheck to paycheck. If you cannot miss any week of income, one option is to use paid vacation or sick days offered by your employer during the first week after a workplace accident.
However, remember that this is strictly your choice. Your employer cannot force you to use these days as a condition of filing your workplace injury report. If you are being pressured or threatened in this respect, let your attorney know.
An experienced workers comp lawyer will set the matters straight, reminding your employer of their legal obligations.
What About Compensation for Pain and Suffering?
Many injured workers ask if they can sue their employer and demand pain and suffering damages. The answer is no in the vast majority of cases. Workers compensation coverage exists to protect employers from lawsuits from injured employees.
Also, this system only offers compensation for medical care and lost wages, not pain and suffering like in a personal injury claim. There are only a few situations where workers may sue an employer for a workplace accident. These cases are rare exceptions.
Schedule a Free Case Review with a Miami Beach Workers Comp Lawyer!
After a workplace accident, you need to report your accident and then file your claim in order to get workers comp benefits. Talk to an experienced Miami Beach workers comp lawyer for help navigating the process.
We will represent you on a contingency fee basis, meaning we get paid when we win your claim. You pay nothing out-of-pocket. We offer each new client a free case review. So call us today at (786) 686-2857 to schedule an appointment!