If you sustain an injury while working on the job it can be tricky to understand what you are entitled to. We have experienced workers compensation attorneys who are specialized in these type of workplace incidents and we want to make it as painless as possible to help you navigate the process so you can focus on your treatment and get back to work. A common question regarding worker’s compensation benefits is how the benefits are calculated for indemnity benefits. These benefits can vary from state to state and we wanted to explain how Florida calculates an “average weekly wage” so you can determine an approximation of what you might expect to receive in indemnity benefits.
Florida’s workers’ compensation laws provides two main types of benefits to injured employees: medical benefits and indemnity benefits. Indemnity benefits are payments made to injured employees who are unable to work due to their on-the-job injury. The amount of these workers compensation payments are based on the injured employee’s “average weekly wage.”
Under Florida law, the average weekly wage is calculated by determining the injured employee’s gross income for the thirteen week period prior to them sustaining their injury. With respect to calculating the AWW, the law does not consider whether those 13 weeks included overtime or perhaps missed time if an employee was on vacation or out sick. Rather, the law only looks at what wages were actually paid during this period. In situations where an employee was not employed for a certain portion of the thirteen weeks preceding the accident, Florida law requires the AWW to be calculated based on the wages of a similar employee.
In addition to the employee’s wages, this calculation also includes fringe benefits under certain conditions, including, but not limited to: health, dental, housing, food and similar services. Moreover, If an injured worker had more than one job, and cannot work at the other job due to the workplace injury, then the lost wages from both jobs are included in the AWW.
The Scott & Wallace Approach to Workers’ Compensation
Our solemn vow to each client is that we will never rest until we have delivered the best possible result that we can. This mission is accomplished through aggressive, but principled, representation — reasoned, but passionate advocacy — and focused, but empathetic counsel. Here are your next steps:
Get your questions answered.
Learn how we help.
Hire us (there are no fees unless we win).
We investigate your claim while you focus on your treatment.
We negotiate your claim and seek maximum compensation.
At Scott & Wallace, we represent injured workers just like you. Protect yourself and your family. Don’t let medical bills and lost wages from a workplace accident derail your financial future. We can help. Call us today.