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Frequently Asked Questions: Work Accident Law

SONY DSCWork 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 is AWW (Average Weekly Wage)?

Your Average Weekly Wage is determined by wages you earned in the 13 weeks prior to the date of your work accident. To be sure this amount is calculated correctly by the employer/insurance carrier so that you are paid the correct amount, you may want to contact Daniel L. Hightower, an experienced workers’ compensation attorney.

Will my medical bills and prescriptions be paid?

All reasonable, necessary and authorized medical bills, prescriptions and out-of-pocket expenses will be paid by your employer/insurance carrier.

Do I get to choose the doctor I treat with?

You must see physicians that are authorized by the workers’ compensation insurance company. However, you are allowed a one-time change in your authorized treating physician.

How much is my case worth?

To determine how much your case might be worth we analyze multiple factors including your age, wages, future expected wages, job type, injury type, level of education and training, and future estimated medical care and therapy.

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.

What does TTD (Temporary Total Disabled) mean?

TTD means an injured worker is totally unable to work during the recovery and improvement process. TTD benefits are the wage-loss benefits that are provided as a result of your work injury that temporarily prevents you from returning to work and you have not reached MMI.

What does MMI mean?

Maximum Medical Improvement – The point at which you have improved as much as the doctors expect you to improve medically.

What does TPD (Temporary Partial Disability) mean?

TPD means an injured worker is partially unable to work during the recovery and improvement process. TPD benefits are the wage-loss benefits that are provided when the doctor releases you to return to work and you have not reached MMI and you earn less than 80% of the pre-injury wage. The benefit is equal to 80% of the difference between 80% of the pre-injury wage and the post-injury wage.

What does PTD (Permanent Total Disability) mean?

When an injured worker’s recovery has progressed as far as medical treatment can take it, the worker is said to have reached MMI. After that, temporary benefits are no longer payable, and some workers whose permanent physical restrictions prevent them from returning to work may be entitled to PTD benefits for loss of wage earning capacity. The requirements for these benefits change depending on the year you were injured. If you are PTD you may qualify for Social Security benefits, as well. Please read our information regarding Social Security Disability claims and contact us.

What if I am having problems receiving benefits or getting prescriptions authorized and paid for? Is your AWW rate correct?

Contact Daniel L. Hightower for a free consultation to evaluate your case.

“Our mission is to represent deserving injured people and to fight whatever battles are necessary to help them recover all the benefits they are entitled to by law, no more, no less, in a timely manner.”

If you are in need of a Personal Injury Attorney in Ocala, Florida, please contact Daniel L. Hightower today at 352-629-7777.