Legal Question in Workers Comp in Florida
Florida Worker's Compensation
My husband suffered an on-the-job injury and was on light duty prior to his surgery. After surgery he could not use his left arm and his work told him they had no light duty work. The average weekly wage considered on all of his wc forms included his overtime pay. Now worker's comp. is telling him they don't include overtime. Does he have a leg to stand on?
2 Answers from Attorneys
Re: Florida Worker's Compensation
The average weekly wage should include all wages earned, including overtime, for the 91 days prior to the accident. If your husband did have overtime during the 91 days prior to his accident, it should be included in the calculation. Certain fringe benefits are included if the Employer stops paying for the same. If there are any more questions, you should consult with a knowledgable workers compensation practitioner immediately.
Re: Florida Worker's Compensation
You receive 66 and 2/3 % of the average of the thirteen weeks prior to your injury including overtime. However there is a max comp rate. You can email me directly if you still have questions or need more information. Nicole Hessen, Esquire
Rosenthal, Levy & Simon, P.A.
Email [email protected]
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