QUESTION

What happens if I will be out of work for more than six months due to an injury at work?

Asked on Jan 11th, 2015 on Workers Compensation - Florida
More details to this question:
On November 6 I slipped and fell at work due to ice on the floor in the freezer. I have been on Worker's Compensation since then have been going to the doctors physical therapy and now the neurologist is saying that I might need surgery. The downside for surgery will be proximately for six months what happens do I keep collecting Workmen's Comp. does it end, should I see a lawyer, what happens if I'm not able to do the same work any longer?
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1 ANSWER

Workers Compensation Attorney serving West Palm Beach, FL
1 Award
You may still be eligible for workers compensation wage benefits during your recovery time subsequent to surgery, whether it is six months or longer.  The amount may depend on the work status and restrictions the doctor gives you.  For example,  if you are out of work completely while in recovery then you will be eligible for Temporary Total Disability benefits which would be 66 and 2/3 of your average weekly wage.  Since your accident was in 2014 this amount would be capped at $827.00 per week.   If the doctor puts on a light duty work status with restrictions you may be eligible for Temporary Partial Disability benefits, which would be calculated using a different formula based on whether or not you are making 80% of your pre-injury average weekly wage.    Both of these types of benefits are capped at 104 weeks of eligibility so you should not run into a problem in that regard.   If you are eligible to receive either of these benefits the carrier would typically pay every two weeks.   A couple of the most common problems we deal with is regarding missed wage benefits.   It is extremely important to make sure that the carrier is both calculating the amount of the benefit correctly and paying timely.  When a injured worker is out of work, he or she relies on these benefits for their livelihood and to often there are problems with the the amount or the time frame of payment.  e would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.
Answered on Jan 11th, 2015 at 8:14 AM

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