Is Workers’ Comp Paying Me the Right Amount?

The amount that workers’ comp pays you is based on your average weekly wage during the last 13 weeks before your injury.

However, your employer’s insurance carrier only has to pay you up to a certain maximum amount.  If your pre-accident earnings were high, you may get a smaller percentage of your wages because your work comp benefits will reach the maximum amount allowable under the Florida workers’ comp statute.

You can find out more about how workers comp benefits are calculated by contacting a workers’ comp lawyer and by reviewing the rest of our site.

Basic Average Weekly Wage

To calculate your average weekly wage, your employer’s insurance company will average what you made during the last 13 weeks before your injury.  If you worked for 13 weeks prior to getting hurt, the insurance carrier will add the amount you made (before taxes are taken out) for the 13 weeks together and divide by 13.

The insurance carrier will then pay you 66 2/3 percent of your average weekly wage.

This calculation may need to be adjusted if you took any of the following:

  • vacation time
  • sick pay
  • or were otherwise unavailable to work your regular hours

In these situations, the insurance carrier will usually ignore the odd week and replace it with the week prior to find a new 13-week average.

If you have not worked for your employer for 13 weeks yet, then the insurance company may do one of the following:

  • Take the average of the weeks that you were employed, even if less than 13.
  • Find an employee in a similar position with a similar rate of pay as yours and use that employee’s average weekly wage.

The New Maximum Rate for 2016 in Florida

The minimum benefit amount in Florida is one of the lowest in the U.S. at $20.00 per week. The maximum benefit rate, however, is typically what affects most injured workers.

Each year, the Florida Department of Economic Opportunity calculates the statewide average weekly wage for all Florida workers. This calculation is based on employer reports of what they are paying their workers. Only those employers that are required to carry workers’ compensation coverage must report this information.

The 2016 maximum comp rate, effective January 1, 2016, is $863.00.

This rate will apply to anyone that is injured after January 1, 2016.  If you were injured prior to 2016, the maximum comp rate for the year in which you were injured will apply to your case.

Gainesville Florida Workers’ Compensation Lawyer – Working for You!

Workers’ compensation cases can be very complex and require thorough examination and review of the applicable laws.  Many injured workers find the workers’ comp system in Florida to be annoying, unclear, and overwhelming. This is why it’s a good idea to hire a Gainesville, Florida workers’ compensation attorney to help you with your claim.

To find out more about what work comp should be paying you, contact an experienced workers’ comp lawyer.  A qualified workers’ comp lawyer will obtain your wage and salary information from your employer or their insurance company and ensure that you are being paid the correct amount.

Click here to get started with a Gainesville workers’ compensation lawyer today.