Under Florida law, you are not paid for the first seven days of disability. However, if you lose time because your disability extends to over 21 days, you may be paid for the first seven days by the insurance company. Our attorneys will request the necessary information from your employer and concurrent employers to make sure your average weekly wage is calculated correctly and that you are paid for the missed work time periods allowed under the law.
In most cases, your benefit check, which is paid bi-weekly, will be 66 2/3 percent of your average weekly wage. If you were injured before October 1, 2003, this amount is calculated by using wages earned during the 91-day period immediately preceding the date of your injury, not to exceed the state limit. If you worked less than 90% of the 91-day period, the wages of a similar employee in the same employment who has worked the whole of the 91-day period or your full-time weekly wage may be used.
If you were injured on or after October 1, 2003, your average weekly wage is calculated using wages earned 13 weeks prior to your injury, not counting the week in which you were injured. In addition, if you worked less than 75% of the 13-week period, a similar employee in the same employment who has worked 75% of the 13-week period or your full time weekly wage shall be used.
These calculations can be cumbersome, allow an experienced HLH Law Group attorney to work through the numbers while you work on getting healthy.