Frequently Asked Questions Following a Work-Related Injury

I am Having Trouble Getting Medical Treatment, what should I do?

Medical treatment should never be delayed. Insurance Carriers often deny or delay medical treatment, which causes the injured worker to doubt ever receiving treatment. If an injured worker has to use self-help measures to seek medical treatment, Insurance Carriers may be held responsible for medical bills acquired. Hiring an Attorney can put pressure on Insurance Carriers to provide medical benefits in a timely manner.

Am I Entitled To Loss Wage Benefits?

In Florida, you are entitled to receive indemnity benefits if: 1) An authorized medical provider has you on a no work status, or 2) An authorized medical provider has you on light duty, and your employer does not have a position available to accommodate your restrictions.  You may also be eligible to receive indemnity benefits if you have light duty work restrictions, and you are unable to earn at least 80% of your pre-injury average weekly wage.

The amount of indemnity benefits you are entitled to depends on your work restrictions. For instance, if an authorized medical provider has you out of work completely, you are entitled to 66.67% of your pre-injury wages (TTD Benefits). If an authorized provider has you on light duty, you are entitled to 64% of your pre-injury wages (TPD Benefits).

How Does the Insurance Carrier Calculate my Wages?

Your workers’ comp indemnity benefits are paid based on your average weekly wage (AWW).  Your AWW is calculated based on your wages 13 weeks prior to your work accident.  Some factors that may increase your AWW include: overtime pay, bonuses, commissions, and concurrent employment (second job).  Despite what your AWW may be, there is a minimum and maximum weekly benefit you are entitled to. For Instance, in 2019, the maximum benefit amount you are entitled to is $939. The minimum amount is $20. The maximum benefit amount is subject to change based on your date of accident. Although this may sound like a simple formula, mistakes are often made when calculating wages. Some calculation errors may result in underpayment of indemnity benefits.

Throughout Mr. Masnikoff’s twenty-year career, he has represented countless injured workers. If you have questions regarding your eligibility to receive benefits, we would love to discuss your case and explain all of your available options. Please give us a call at (877) 817-4127 or visit our website.