The Law Office of Daniel L. Hightower, P.A., Lawyer is experienced in Work Accident Law. Below are a few of our frequently asked questions regarding Work Accident Law.
Work Accident Questions
How long do I have if I have been injured at work to report it to my employer?
You should report your work accident or injury to your employer right away. Failure to report your injury within 30 days may be used as a defense against your claim.
Will I be paid for the time I lose from work because of my work injury?
Wage replacement benefits will start on the eighth (8) day that the injured employee is unable to work. You will not receive wage replacement benefits for the first seven (7) days of work missed, unless you are out of work for more than 21 days due to the work accident. If your disability requires you to miss more than twenty-one (21) days, you are paid from the date of the accident.
How much will I be paid for my lost wages?
In most cases, the wage-replacement benefits will equal two-thirds (2/3) of your pre-injury regular weekly wage (AWW), but the benefit will not be higher than Florida’s average weekly wage. Checks are usually paid on a bi-weekly basis until you are released to work by your physician. If you continue to lose wages after returning to work or being released to work, you may be entitled to wage-replacement benefits at a lower rate.
What if I’m not able to return to my current line of work because of my injury?
Under the Workers’ Compensation Act, if you are unable to return to employment earning wages similar to your pre-injury wages, then you may be entitled to retraining at the State’s expense. The retraining program has to be approved by the Division of Workers’ Compensation Bureau of Rehabilitation and Reemployment Services. Often employees who are approved for retraining are also entitled to temporary total disability benefits for up to one year while they are pursuing retraining.
If retraining is not a viable option and you are unable to obtain any kind of employment, then you may be eligible for disability payments. These can be temporary, while you are still recovering from your injury, or permanent. Your entitlement to disability benefits would depend on the specific facts of your case and so the assessment must be made on a case-by-case basis. There are limited options available and each case is different. Please contact us to discuss the options available to you.
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