Jacksonville Lost Wages Attorneys
Serving Jacksonville, Jacksonville Beach and clients throughout Florida
If you have a workplace injury that is severe enough to prevent you from returning to work—either on a permanent or temporary basis—then you may be entitled to weekly lost wages benefits.
The benefits you receive depend on a variety of factors, and also are determined by how long you will be out of work as well as the severity of the injury you sustained. To ensure you get maximum benefit for your workers compensation claim, you need to hire a skilled Jacksonville lost wages attorney.
The team at Hardesty, Tyde, Green & Ashton can help you with your workers compensation claim. We understand how hard it is to survive financially when you cannot work and you deserve maximum compensation for your lost wages.
The Four Types of Disability Wage Payouts
Depending on your claim, you may be entitled to one of four types of disability payouts, which include:
- Temporary Total Disability – This means you are disabled, but able to return to work fully after you recover. With these injuries, you will receive over 66 percent of your income and may be able to receive compensation for as much as 104 weeks.
- Temporary Partial Disability – With this injury you are limited, but able to work in some capacity. If you were to return to work, the compensation you receive would be adjusted based on what you earn post-injury but will not be more than 66 percent of your AWW.
- Permanent Partial Disability – This means that you are permanently disabled, but you can return to work in some capacity. To qualify, you must be out of work for over 104 weeks and still disabled. Your doctor must also decide that you have reached your maximum medical improvement, which means there is no chance you will recover any further.
- Permanent Total Disability – This means you are totally disabled and cannot work again. You are eligible for 66 2/3 percent of your income until you reach age 75.
Seasonal Work Considerations
Seasonal workers can be full-time employees, but only during certain times of the year. They are eligible to receive workers compensation benefits, but calculating the amount of wages they are eligible to receive is more complex.
It often requires proof of tax returns so that workers compensation lawyers can see how much they made during their seasonal work, and then they will receive compensation based on the level of disability and the amount they would normally receive.
Even though part-time workers are not full-time, they have fluctuating and rotating schedules that make their income harder to predict, and they are still covered by workers compensation insurance just as much as a full-time employee. In order to use the standard equation for calculating benefits, there are three criterion that must be met:
- The employee was working part-time when injured.
- The employee prefers part-time work.
- The injured employee may continue to work.
Tips and Gratuities
Individuals who make a large portion of their earnings off tips and gratuities may still receive those in their workers compensation benefits. These must be added into their untaxed income after the equation and after reviewing past tax records. Then, this will go toward the amount of compensation the employee is entitled to.
What May Not Be Included?
In some cases, your sick leave, vacation pay, annual leave and employer contributions may not be included in your workers compensation benefits. But, with the assistance of a skilled workers compensation attorney, you may be able to negotiate those items into your lost wages and hopefully, recover what you would have earned had you been able to work full-time or at least return to work.
Death Benefits and Lost Wages
If a worker dies because of a work-related injury or illness, then the dependent family members may receive the workers compensation benefits on their behalf. They are eligible for:
- A one-time funeral expense payment
- Wage benefits
- Surviving spouses may receive 50 percent of the deceased employee’s AWW
- An additional percentage may be rewarded if there are dependent children
Injured at Work? Contact Our Team of Workers Compensation Attorneys Today!
If you or a loved one was injured on the job, you need professional representation to get maximum benefits. Contact the workers compensation lawyers at Hardesty, Tyde, Green & Ashton today for a free consultation regarding your case. There is no obligation for meeting with us, so call us now at 904-398-2212.