When a worker is injured on the job, they may be entitled to workers’ compensation benefits to help cover the cost of medical treatment, lost wages, and other expenses related to the injury.
The benefits an injured worker may receive can vary depending on various factors, such as the severity of the injury, the length of time they are unable to work, and their average weekly wage.
Calculating workers’ compensation benefits can be complex and often requires the expertise of legal and medical professionals. If you have questions about the value of your workers’ compensation claim, contact an Orlando workers’ compensation attorney.
How Workers’ Compensation Benefits Are Calculated in Orlando, Florida
In Orlando, workers’ compensation benefits are calculated based on the injured employee’s average weekly wage. The compensation an employee may receive will vary depending on the severity of their injury, the length of time they are unable to work, and other factors.
To calculate the average weekly wage, the employee’s earnings over a certain period (usually the 13 weeks before the injury) are added up and divided by the number of weeks in that period. This will give an average weekly wage, which is used as a basis for determining the compensation the employee may receive.
In Florida, the maximum workers’ compensation benefits for temporary total disability are two-thirds of the injured employee’s average weekly wage, up to a maximum of $1,011 per week as of 2021. However, the actual benefits will depend on the severity of the injury and the extent to which it affects the employee’s ability to work. If the employee’s injury results in permanent disability, the amount of compensation will be calculated differently and may be subject to other factors such as the employee’s age and occupation.
It’s important to note that workers’ compensation benefits are designed to cover the cost of medical treatment, lost wages, and other expenses related to the injury and may not fully replace the injured employee’s regular income. Employers are required by law to provide workers’ compensation insurance coverage to their employees. If you are injured on the job in Orlando, you may be entitled to receive benefits under this coverage.
Factors That May Impact the Value of Your Workers’ Compensation 5 Benefits
Some that can impact the amount of workers’ compensation benefits you may receive in Florida include the following:
1. The Severity of Your Injury
Your injury’s severity can impact the workers’ compensation benefits you may receive in Florida. In general, the more severe your injury, the higher the benefits you may be entitled to.
This is because more severe injuries typically require more extensive medical treatment and may result in longer periods away from work.
In Florida, the severity of your injury is typically determined by medical professionals who evaluate the extent of your impairment and assign an impairment rating. The impairment rating is then used to calculate your benefits based on a formula that considers your average weekly wage and other factors.
2. The Type of Injury
The type of injury you sustain can also significantly impact the amount of workers’ compensation benefits you may receive in Florida. Certain types of injuries are generally considered more severe and may result in higher benefits.
For example, an injury that results in permanent disability or disfigurement will typically result in higher benefits than a temporary injury that fully heals. Similarly, injuries that result in the loss of a limb, vision, or hearing may result in higher benefits due to the lasting impact of the injury.
In addition to the type of injury, the injury’s severity will also be considered when calculating benefits. For instance, a severe spinal cord injury that results in complete paralysis will likely result in significantly higher benefits than a mild sprain or strain.
3. Your Average Weekly Wage
Your average weekly wage is an important factor used to calculate your workers’ compensation benefits in Florida. The benefits you receive will typically be based on a percentage of your average weekly wage.
Your earnings over a certain period before the injury will be reviewed to determine your average weekly wage. The period typically used in Florida is the 13 weeks immediately preceding the injury.
Calculating your average weekly wage will consider your regular rate of pay, as well as any overtime, bonuses, or other compensation you may have received during the relevant period. The goal is to arrive at an accurate representation of your average earnings before the injury.
Once your average weekly wage has been determined, your benefits will typically be calculated as a percentage of that figure. In Florida, the maximum workers’ compensation benefits for temporary total disability are two-thirds of the injured employee’s average weekly wage, up to a maximum of $1,011 per week as of 2021.
4. Your Level of Impairment
Your impairment level can significantly impact the amount of workers’ compensation benefits you may receive in Florida. Impairment is typically evaluated by a medical professional and is based on how much your injury affects your ability to perform your job duties.
The more significant your impairment, the higher benefits you may be entitled to. In Florida, impairment ratings are used to calculate benefits based on a formula that considers your average weekly wage and other factors.
For example, if your impairment rating is 20%, your benefits will be calculated based on a percentage of your average weekly wage, which your impairment rating will determine. The higher your impairment rating, the higher the percentage of your average weekly wage that will be used to calculate your benefits.
5. Your Work History
Your work history can also impact your workers’ compensation benefits calculation in Florida. In general, your benefits will be based on your average weekly wage, calculated using your earnings over a certain period before the injury.
If you have a long work history with the same employer, your average weekly wage may be higher than if you have only worked for the employer for a short period. This is because your earnings over a longer period will be used to calculate your average weekly wage.
Similarly, if you have a long work history in the same occupation, your average weekly wage may be higher than if you are relatively new to the occupation. This is because your earnings over a longer period in the same occupation will be used to calculate your average weekly wage.
Let an Orlando Workers’ Compensation Attorney Help You Get the Full Value of Benefits You Deserve
It is important to note that calculating workers’ compensation benefits can be complex and will vary based on individual circumstances. It is always recommended to consult with an experienced workers’ compensation attorney if you have questions or concerns about your benefits.
