We received a call from an injured worker who told us they were informed that if they were taken out of work they would not be paid until after 21 days passed from the date of the accident.
This is simply wrong.
In Florida, an injured worker is entitled to receive indemnity checks from their employer’s workers’ compensation carrier if they are taken completely out of work, placed on a restricted duty that the employer cannot accommodate or placed on restrictions that limit the income earned below a certain percentage of their average weekly wage. If an injured worker meets one of these three thresholds then they are entitled to receive checks from the workers’ compensation insurance company.
However, and this is where the injured worker we mentioned may have gotten his incorrect information, the insurance company is entitled to withhold the first seven days of lost wages and is only required to pay this sum if the injured worker remains unable to return to work or unable to earn a certain percentage of their average weekly wage for more than 21 days. If the injured worker makes it to the 22nd day, then the work comp carrier must pay the injured worker retroactively for the first week without penalties or interest.
If your workers’ compensation checks are not coming in on a regular basis as promised and required by your workers’ compensation carrier, don’t wait another minute. Call one of our experienced workers’ compensation attorney’s today. Call (561) 616-3800 or contact us online to speak with one of the dedicated workers’ compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt today.
