Workers Compensation: Lost Wages

Workers Compensation: Lost Wages, Average Weekly Wage, and Advances

Workers compensation is a nuanced area of law that is vastly different from the standard civil case. Because of this, it's important to have an experienced workers compensation attorney on your side. Workers compensation may provide lost wages and medical care depending on

the specifics of your case. 

Lost Wages

After an injury at work, you may be entitled to lost wages (indemnity); what is referred to as ​temporary total disability (TTD) or temporary partial disability (TPD). In general, you should not receive payment for the first 7 days of lost work unless you are injured for more than 21 days. After 21 days, the insurance company goes back and pays for the first 7 days. 

Temporary Total Disability (TTD)

​If your doctor says that you can't work then you're entitled to TTD benefits. If this is the case, then the insurance company or your employer should make payments to you of 66 2/3% of your average weekly wage. 

Temporary Partial Disability (TPD)

TPD is slightly more complex. In order to receive TPD benefits your doctor must say that you can work with restrictions and your employer must say that they are unable to accommodate your restrictions. Your doctor will make a note of your restrictions in the medical records. Some common restrictions include: 

• No lifting greater than 10lbs
• Sitting work only
• No driving
• Must be allowed breaks throughout the day

Your restrictions will depend on your injury and your doctor. When you are assigned work restrictions, your employer has an opportunity to offer you a position that accommodates your restrictions.

For example, lets say you work construction and you were assigned no lifting restrictions. Your employer could offer you a position scanning documents in the office while you recover. If your employer offers you an accommodating position then they don't need to pay TPD benefits. If your employer does not offer a position, then they need to pay benefits. TPD benefits are paid at 80% of your average weekly wage. 

Average Weekly Wage (AWW)

Average weekly wage is used to calculate the rate you receive TTD or TPD benefits. Average weekly wage is determined by taking your average gross pay for the 13 weeks preceding the accident, not including the week of the accident. 

The law doesn't take into account whether these were good weeks or bad weeks. If you worked a few double shifts during this period, it goes in your favor. At the same rate, if you get injured after a few weeks of vacation, your AWW will be lower. 

AWW includes concurrent wages and fringe benefits. Concurrent wages occur if you were working two jobs and the injury has stopped you from working the second job. In that case, you include those wages in your AWW. Fringe benefits include things such as: health insurance, dental insurance, vision insurance, housing, food, among other benefits. 

If the injured worker was just hired or didn't work the at least 75% of the 13 weeks prior to the accident, then AWW is based on 13 weeks of wages of a similar employee. 

​Once you calculate your AWW click here to calculate your TTD rate and click here to calculate your TPD rate. 

Advance

Following an injury, many injured workers wonder, "Can I get a cash advance on my benefits?" Many people fall behind on their bills while waiting for the insurance company to send the first check. 

The answer to the question is YES. You can get an advance on your benefits. You may be able to get an advance even when the insurance company isn't paying any benefits. In general, injured workers may be entitled to a $2,000.00 advance on benefits. Advances are described under F.S. 440.20(12)(c). In order to receive an advance you must show one of the following:

1. You have not returned to the same or equivalent employment with no substantial reduction in wages;
2. You have suffered a substantial loss of earning capacity; or
3. You have a physical impairment, actual or apparent. 

Depending on your situation, you may be entitled to an advance greater than $2,000.00.

Click here for an overview of workers compensation provided by the Florida Department of Financial Services, Division of Workers' Compensation

Florida Workers Compensation Lawyer

If you were injured on the job in Florida it’s important to work with an experienced Florida workers comp lawyer. Your lawyer will be able to gather evidence, negotiate with the insurance company, protect your rights, and secure maximum compensation for your Florida workers comp accident.