If you were injured in the course of performing your work duties, you might be eligible for workers’ compensation benefits. An experienced workers’ compensation lawyer at Emmanuel Sheppard & Condon can help. Contact us online or call today for a free consultation: (850) 433-6581
You may be wondering how much your claim is worth and asking the question, do Florida workers’ compensation calculators work?
There are several factors that go into determining workers’ compensation benefits, and we are here to help explain the information you need to know to get the compensation you deserve.
These are mandatory benefits that help ensure you are not stuck with expenses for injury sustained while doing your job.
How Does Florida Workers Compensation Work?
Florida workers’ compensation benefits must be provided by any business in the state that has four or more employees working full or part-time.
There are three exceptions to this rule:
- Sole proprietors and partners are exempt from the law but may purchase coverage separately.
- Construction businesses can exempt up to three corporate officers owning a minimum of 10% of the company, though they must ensure subcontractors provide coverage for employees.
- Agricultural companies do not have to provide workers’ compensation unless they have six or more regular employees or 12 or more seasonal employees who work for more than 30 days.
Unless your employer falls under one of these categories, you should be covered and eligible to file a workers’ compensation claim in Florida.
Do Florida Workers’ Compensation Calculators Work?
Any form of workers’ comp calculator in Florida is hard to trust because it only takes into account basic information without any context. Unfortunately, the law generally does not operate on numbers alone.
Workers’ compensation calculators typically require the number of weeks you will be off of work and your compensation rate. Those numbers are not always certain, which means that your workers’ comp calculator is making a guess, and not even a very educated one.
Estimating Benefits Without a Florida Workers’ Comp Calculator
The first step in determining your benefits without a Florida workers’ compensation calculator is to understand the benefits that may apply. There are three different types of Florida workers’ compensation benefits.
The largest factor in determining your benefit type is the severity of your injuries. Your ability to work after the injury will determine how long benefits last.
Temporary Disability Benefits
These benefits apply to employees who are temporarily unable to work due to a work-related illness or injury. The injury must prevent or limit your ability to work for 21 days for you to be eligible.
Benefits for temporary disability expire after two years.
Calculation: You are eligible to be paid two-thirds of your average weekly gross income for the 13 weeks prior to your injury. The maximum allowed is $971 per week, and the weekly wage percentage may increase to as much as 80% for severe injuries.
Permanent Impairment Benefits
A permanent impairment is loss of function due to injury. The diagnosing doctor provides an impairment percentage rating between 1 and 100%. This rating helps calculate the amount of time you will receive permanent impairment workers’ compensation benefits.
Calculation: Permanent impairment allows you to receive 75% of your disability rate. Continuing to receive pre-injury income amounts will not bar disability payments but will cut disability benefits by 50%.
Permanent Total Disability
Total disability injuries prevent you from ever returning to work. In this situation, you would be eligible for total disability benefits until you reach the age of 75. If you are not eligible to receive social security benefits, these workers’ compensation payments will continue for life.
Determination of total disability is the responsibility of a licensed medical doctor.
Calculation: Permanent total disability payments are the same as temporary benefits (two-thirds of average weekly wages), but include an annual cost of living adjustment.
Other Considerations for Florida Workers’ Compensation
Florida workers’ compensation calculators do not take into consideration all of the steps and potential missteps leading up to a workers’ compensation claim settlement. It is important to follow proper protocol when filing your claim to avoid complications or even the denial of your claim.
The experienced workers’ compensation attorneys at Emmanuel Sheppard & Condon understand how to navigate the workers’ compensation claims and settlement negotiations process.
Benefits negotiators are not in the business of offering as much as they can if they believe you will accept less. It is our job to properly evaluate your claim.
Knowing the real value of your claim is crucial if you don’t want a benefits negotiator to grant you less—possibly much less than you deserve. Unfortunately, a Florida workers’ comp calculator cannot provide the real value of your claim the way that one of our seasoned attorneys can. So don’t leave your future up to chance.
Contact us today to schedule a case consultation, and allow us the privilege of getting you every penny you are entitled to.