If you have an accident or are hurt on the job in Florida, then you may get benefits through workers compensation, such as:
1. Money that you may get:
A. Indemnity Benefits
A1. If you are injured while working, then you may be entitled to indemnity (wage loss) benefits if you are unable to work for more than 7 days. Here are the maximum compensation rates in Florida.
(a)(1)(a). Temporary total disability: This will occur if your doctor says that you cannot work at all:
In this case you should receive 66 2/3% of your normal wages at the time when you were injured. You start receiving the benefit with the 8th day that you lose time from work. You:
- Only get paid for the first 7 days if you lose more than 21 days from work.
- Can receive up to 104 weeks of temporary total disability and/or temporary partial disability benefits.
(a)(1)(b). Temporary partial disability: If you can go back to work, but you are not able to make the same wages that you made at the time you were injured:
– You will get money equaling 80% of the difference between 80% of what you made before your accident and what you are able to make following your injury.
Let me give you an example:
Jose is working at Publix or Walmart making $400 a week before he slips and falls and is injured. He returns to work in a limited capacity and makes $200 per week after his injury.
$400 x .8 = $320.
We then subtract the weekly earnings following Jose’s injury.
$320 – 200 = $120
We then multiply that number times .8
$120 x .8 = $96.
You can receive up to a total of 104 weeks of temporary total disability and/or temporary partial disability. So Jose, cannot get a disability benefit of more than 104 weeks at $96 per week.
(a)(1)(c) Impairment Benefits
Once you doctor states that you are at Maximum Medical Improvement, he does not believe that you are going to get any better. Your doctor should check you for:
– Any permanent work limitations
– A permanent impairment rating. If you get a permanent impairment rating, you will get money based upon that rating.
B. Medical Treatment
Your employer must get you medical treatment.
– You should not wait in asking for a doctor’s appointment from your employer or insurance company.
– Do not go to your own doctor for treatment. You must get the insurance company’s authorization to treat with a doctor.
– If you do not get a doctor’s name from the insurance company, then you should speak with the adjuster and ask for a doctor.
2. Do you also have a Negligence Claim?
You may also be able to file a lawsuit based upon negligence. This may be in addition to a workers’ compensation claim. One of the advantages of a claim based upon negligence is that you may be entitled to additional damages.
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Worker who fractured wrist during training says
February 19, 2014 at 8:00 pmHello Sir, I wish you were in Pensacola..I would use you for my attorney. I live in Milton,Fl. My injury was during work. I was hired by a Security company. We were receiving training.
During the training I was being shown how to do some evasive moves by the trainer. I tripped, fell backwards and landed on my wrist. The bone was broken and visibly deformed. I went to the ER. Surgery was needed the next day. I have been out of work since.
We were in training in a conference room in a hotel. The trainer was an employee. I do believe the training area was not adequate. Very small. Our trainer even commented that the hotel must not of understood what we needed for this training. We had very little room, in fact I was about an inch away from smashing the back of my head on my way down. I fell under the table.
We can not work until we have completed and passed the training. My employer has stated they will not pay for anyone else to have the training. My position has been filled. I feel they will not bring me back once released. I asked them 3 weeks ago and they would not reply. I have been in law enforcement and corrections all my life.
I do not feel my injury will heal 100% and I am worried about not being able to complete other mandated training for employment, which is where I was working towards. I am very concerned about my future. I believe my injury was due to inadequate conditions for the training. In all my years I have never been trained in physical tactics in such a small room with tables and chairs pushed up against the walls, which further limited the training area. Do you have any suggestions? Thank you for reading my notes.
Justin Ziegler, Injury Lawyer says
February 19, 2014 at 11:40 pmDear Worker who fractured wrist during training,
I would have you as a client. I suggest you hire an attorney immediately.
I – along with another law firm – may be able to represent you in this matter. I may even be able to work on the case with a different law firm who is very close to you. Please call me at 888-594-3577 and let me know if you would like this. As you know, I am not your attorney. There is a time limit to file a lawsuit.