Legal Question in Workers Comp in Florida

Workers Compensation and Light Duty

My husband was injured on the job in June. He was put on light duty at work from the date of the injury through his surgery, was off for 3 weeks for surgery and went back to light duty after the surgery. His company now says they don't have light duty work for him to do and sent him home. Is the worker's comp. carrier still responsible to pay him his average earnings and is the company maybe doing this so they don't have to pay him his salary and have worker's comp. compensate him for his usual overtime pay? Should we contact the wc adjuster to discuss this or what?


Asked on 10/29/08, 4:01 pm

1 Answer from Attorneys
Steve Renick Bloom & Kinnear P.A.

Re: Workers Compensation and Light Duty

Generally speaking, if the Employer does not have light duty restrictions for an employee after an accident, the Employer may be responsible for temporary partial disability benefits. This would be calculated based upon his average weekly wage for the 13 weeks prior to his accident. Temporary partial benefits are approximately 64% of the average weekly wage.

My strong suggestion is that you contact a qualified workers' compensation attorney to make sure you obtain the benefits you husband may be entitled. If you have questions would like a consultation, you can contact my office at 866-560-COMP.

Please note that answer provided is not intended as specific legal advice, but merely a general overview of the applicable law. If you ever want to have specific advice on your case you should consult a qualified attorney.

Stephen E. Renick

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Answered on 10/29/08, 5:09 pm


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