Maximizing Workers’ Compensation Benefits: 5 Tips from Avera & Smith

If you’ve been hurt or became ill on the job, then you know how unsettling it can feel to wonder how you will make ends meet without your regular paycheck. Fortunately, workers’ compensation is an essential safety net that provides medical and wage replacement benefits. 

A common concern among injured employees is how much they can expect to receive in lost wages through workers’ compensation. Unfortunately, minor errors during the claims process keep many workers from receiving their full range of benefits. At Avera & Smith, we have helped countless individuals maximize their workers’ compensation benefits, and in this blog, we will share some important practical tips for injured workers to ensure they get all of the benefits they are entitled to. We will also unpack the payment determinants for lost wages in Florida’s workers’ compensation system, shedding light on the critical question: “How much does workers’ comp pay for lost wages in Florida?”

How are Workers’ Compensation Payments Calculated?

Before diving into the tips, you should know that calculating workers’ compensation payments in Florida involves various factors and specific guidelines. According to the Florida Division of Workers’ Compensation, the average weekly wage (AWW) is generally calculated by looking at the earnings from the 13 weeks preceding the injury. The total earnings during that period are divided by the number of weeks worked to arrive at the AWW. Once the AWW is determined, the compensation rate is typically set at 66 2/3 percent of the AWW. However, there are maximum and minimum limits set by the state that might affect the final payment amount, and the severity and nature of the injury or illness play a role in the calculation. 

To get the most accurate calculations and to understand the specific guidelines applicable to your case, we recommend consulting with one of our experienced workers’ compensation attorneys here at Avera & Smith for personalized guidance.

5 Tips to Maximize Your Workers’ Comp Benefits

If you find yourself injured or ill on the job, follow these tips to ensure that you receive your full range of benefits:

1. Report the Injury Immediately: The first step in maximizing your workers’ compensation benefits is to report the injury to your employer as soon as possible — in writing — and keep a copy for your records. This creates a paper trail and ensures that there is evidence of the injury and its connection to the workplace. Delaying the reporting can jeopardize your chances of receiving full benefits.
2. Seek Medical Attention: After reporting the injury, seek immediate medical attention from an approved physician so that your injuries are properly documented and treated. Remember:  You most likely will not be able to see the physician of your own choosing – you must be examined and treated by a physician approved by the workers’ compensation carrier to have the cost covered by workers’ comp.  
3. Follow Medical Advice: To maximize your workers’ compensation benefits, you must follow all medical advice and treatment plans prescribed by your healthcare professional. Failure to comply with medical recommendations can raise doubts about the seriousness of your injuries and may result in reduced benefits. Be sure to keep a record of all medical appointments, medications, and treatments for future reference.
4. Document Everything: Documentation can serve as valuable evidence when negotiating with the insurance company or presenting your case in court, so be sure to document everything related to your injury and the subsequent treatment. Maintain a detailed journal that includes dates, times, and descriptions of pain, discomfort, or any limitations caused by the injury. 
5. Consult with an Attorney: One of the most important tips for maximizing workers’ compensation benefits is to consult with a trusted law firm specializing in workers’ compensation cases, like Avera & Smith. Insurance companies often try to settle workers’ compensation claims quickly and for a lower amount than what you may be entitled to. An experienced attorney can review your case, analyze the extent of your injuries, and negotiate on your behalf to ensure you receive fair and adequate compensation. At Avera & Smith, our trial-tested attorneys understand the complexities of the legal system and have extensive experience negotiating with insurance companies. We will support you through every step of the process, starting with your free consultation.

In conclusion, navigating the world of workers’ compensation benefits can be challenging, but by following these practical tips and consulting with a trusted attorney, you can ensure that you receive the full range of benefits you’re entitled to under workers’ compensation. Remember, we are here to support and guide you throughout the entire process. With our expertise and dedication, you can focus on your recovery while we fight for your rights. Don’t settle for less than what you rightfully deserve when inquiring about workers’ compensation benefits in Florida. Reach out to Avera & Smith today!