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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