Legal Question in Workers Comp in Florida
Worker's Compensation and Overtime
My husband is presently on light duty due to a fall from a ladder at work. He is presently scheduled for surgery on his shoulder next week. It has been mentioned that although his company is paying him his 40 hour a week wages while on light duty, prior to the accident he worked considerably more hours in overtime. Is he entitled to compensation for this overtime lost during his light duty and after surgery? When is this supposed to kick in, if he is entitled to it as the worker's comp. carrier has told him that his company has only reported he is on light duty and is working his regular work week.
1 Answer from Attorneys
Re: Worker's Compensation and Overtime
Depending on your husband's date of injury, his rate of pay during the light duty or no duty period due to an on the job injury is based on a his actual wages during the 13 weeks immediately preceding the date of injury. His overtime will be accurately reflected in this calculation and his indemnity amount will figured based on the income reported.
Once his average weekly wage is determined his compensation rate will be 66 &2/3% of this amount. Light duty will be calculated based on this average weekly wage as well. However, taxes are not withheld from these payments.
Depending on several factors your husband's 40 hour wages may be higher than what he would be entitled to under the 91 wage statement.
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