Legal Question in Workers Comp in Florida
workers comp and being laid off perm.
I have been on light duty being paid at a lower wage at work and receiving 80 of 80 from Liberty mutual to meet my calculated wages per week. I had shoulder surgery not to long ago from an injury 9 months ago and today my local branch/company shut down, the closest branch is now more than 2 hours away. I am no where near being able to resume work, should i now receive the full amount of wages from libert mutual considering there is no light duty job available to me from my company? or do i have to apply for unemployment benifits to get mycalculated pay.. thanks for your help
2 Answers from Attorneys
Re: workers comp and being laid off perm.
Don't apply for Unemployment. You will use up your credits while giving your employer a dollar for dollar offset against any WC they owe. If the employer cannot make light duty work available, you should be eligible for the full temporary Partial Disability benefit.
Re: workers comp and being laid off perm.
If there is no light duty available - regardless of whether it is because the company closed down or they just do not have a position within your restrictions the insurance carrier is required to pay you the same amount of money for TPD (Light Duty). The fact that your employer relocated does not increase the rate the insurance carrier is required to pay. Those standards are set by the legislature and outlines in F.S. 440. As for unemployment, I would not apply for same because the only thing that would happen is your insurance carrier would get a credit for the unemployment you would receive and you would still end up with the same amount of money you are currently receiving every other week.
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