Legal Question in Workers Comp in Florida

I carry medical insurance through my work and I I'm currently collecting workmans comp benifits. Since I'm only getting paid 66 percent of my pay it seems unfair that I have to pay my medical insurance for my whole family out of my already reduced pay. I've tried to use my comp time or sick leave that I've already earned to pay for the premium for my insurance but my employer said I cannot use my leave or comp time which is overtime I've already worked to pay for it. Is there anything I can do.


Asked on 8/14/12, 10:25 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

If you have a vested right to your sick and vacation time, why not just get them to pay it to you to make up the 1/3 of the salary you are losing? Will they do that, then just use those funds to pay for the insurance, or at least part of it. You would be limited to using the additional 1/3 of wages lost and not just be able to tap into the fund to make direct payments for your insurance. From the phrasing of your question it is hard to determine what you asked for and what was denied. Will they pay you the comp and sick time in a lump sum as additional wages? That is another choice and then use those funds to pay the insurance.

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Answered on 8/14/12, 10:33 am


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