Many Miami workers are unfamiliar with how Florida’s workers’ compensation system works. After a job-related injury, they may struggle to navigate the process of securing benefits. One of the most common questions is how to determine the value of a workers’ comp case.
Understanding how to calculate a case’s value is essential as it helps workers set realistic expectations for benefits and potential settlements. At Payer Law Personal Injury Lawyers, our team can help injured clients understand how to calculate workers’ compensation settlements and secure the financial recovery they deserve. Call today at (305) 363-7099 to schedule an initial consultation with a work accident attorney in Miami.
Table of Contents
- How Your Average Weekly Wage Shapes Your Workers’ Comp Benefits
- What Medical Expenses Count Toward Your Work Injury Case in Miami?
- How Temporary Disability Benefits Help Replace Lost Income While You Recover
- Duration of Temporary Benefits
- What Are Permanent Disability Benefits and How Do They Affect Your Case Value?
- Why Future Medical Care and Lost Earnings Are Important in Your Case Value
- What Other Things Can Change How Much Your Work Injury Case Is Worth?
- Can You Get More Compensation by Filing a Third-Party Lawsuit After a Work Injury?
- How a Miami Workers’ Compensation Lawyer Can Help You Understand and Increase Your Case Value
How Your Average Weekly Wage Shapes Your Workers’ Comp Benefits
Average Weekly Wage (AWW) is the average pay you earned prior to your injury. Florida’s 66 2/3 percent wage replacement rule states that workers’ comp typically pays about two-thirds of your AWW while you are out of work. For example, if you earned $900 weekly before your injury, you would receive around $600 a week in benefits.
Knowing your exact wage amount is crucial as it forms the foundation for calculating your total case value. We recommend keeping at least 13 weeks of pay stubs on hand to ensure your AWW is calculated accurately.
What Medical Expenses Count Toward Your Work Injury Case in Miami?
All reasonable and related medical expenses add to your case’s overall value. This includes costs such as:
- Doctor visits
- Surgeries
- Physical therapy
- Medications
- Hospital stays
- Diagnostic tests
It’s important to carefully document every medical treatment and expense, including bills and receipts. Untreated or undocumented expenses may lower your case value. Individuals can keep a dedicated folder or digital record of all medical paperwork related to their injury to ensure nothing is left unaccounted for.
How Temporary Disability Benefits Help Replace Lost Income While You Recover
Temporary disability benefits are the payments you receive while you cannot work due to an injury. Individuals who typically qualify for these payments include those injured on the job, with a doctor’s note saying they cannot work, or who have not yet reached maximum medical improvement (MMI) meaning they are still recovering and needing treatment.
You can calculate temporary disability benefits based on your AWW. More specifically, they account for two-thirds of your AWW. It is important to note that there are minimum and maximum amounts set by state law, so you cannot get less than the minimum or more than the cap, no matter how high your AWW is.
Duration of Temporary Benefits
Temporary disability benefits typically last until one of the following takes place:
- You return to work
- You reach MMI — meaning your doctor determines your condition has stabilized and is not expected to improve with further treatment.
- You reach the legal time limit for benefits — Florida law caps temporary disability benefits at up to 104 weeks, or two years, from the date you first became entitled to them.
These payments add to your overall compensation and case value. They function as a wage replacement, not a settlement. Because of this, they do not reduce or count against a final payout.
It is best to notify your employer and insurer promptly to start receiving these benefits without delay. Contact our dedicated workers’ compensation attorneys today for legal support with your case.
What Are Permanent Disability Benefits and How Do They Affect Your Case Value?
Permanent disability is defined as any lasting injury effects that limit your ability to work either full time or at all. Florida law provides compensation based on the severity and type of permanent impairment you have. Because of this, more severe disabilities often result in higher compensation amounts.
Permanent disability benefits can compensate you for the long-term impacts an injury has on your life and future earning capacity. To fully document an injury’s effects, it is important to attend all doctor evaluations and collect evidence of your impairment, including reports, diagnostics, and other documentation.
Why Future Medical Care and Lost Earnings Are Important in Your Case Value
The value of your case depends not only on what has already happened, but also on your anticipated future needs and losses. Ongoing medical treatment, such as surgeries or physical therapy, can increase the overall value of your claim.
Similarly, being unable to return to your previous job or having a reduced ability to earn income can impact compensation. We recommend keeping open communication with your doctors about your prognosis and future treatment plans. This provides a clearer understanding of your future needs.
What Other Things Can Change How Much Your Work Injury Case Is Worth?
Several different factors can impact the value of your work injury case, including the following:
- The type of job you had, such as physical labor vs. office work
- Whether your injury or claim is disputed by the employer or insurer
- The quality of your medical records and documentation
Respond promptly to all requests from your employer, insurer, or doctor to avoid delays. Having an experienced Miami workers’ compensation attorney can positively impact your settlement or award. They can navigate your case from start to finish, negotiating as needed and ensuring you receive a fair recovery.
Can You Get More Compensation by Filing a Third-Party Lawsuit After a Work Injury?
If another party besides your employer contributed to your injury, you may be able to file a separate lawsuit for additional damages. This could include a negligent contractor, equipment manufacturer, or co-worker. To further prepare your case, keep detailed notes about the accident circumstances and any third parties involved.
Third-party claims can cover damages such as pain and suffering or other losses that workers’ compensation may not. However, it is important to consult with a lawyer first to determine if you qualify for this option.
How a Miami Workers’ Compensation Lawyer Can Help You Understand and Increase Your Case Value
James D. Payer, an experienced Miami attorney, can assist with your case, regardless of its complexity. He and his team can review your case and medical records, calculate the full value of your claim plus future losses, and handle communication and paperwork with insurers.
At Payer Law Personal Injury Lawyers, our family-owned establishment is focused on fighting to maximize your benefits and get a favorable case result. Schedule a free consultation today to receive personalized advice, and do not delay—early intervention can prevent mistakes and lost benefits.
