If your work injury has resulted in time off and lost wages, you may be worried about your job security, or how you can pay your bills when you aren’t working.

This can be a confusing time, and we know you have questions. Here is some information that we hope will put your mind at ease. If you have further questions about your personal injury case or lost wages, give us a call.

How long before I can claim my lost wages? You are not eligible for lost wages unless you have been out of work for seven consecutive days. Any absence under the 7-day threshold does not apply under your lost wages benefit.
Are my lost wages equal to my full pay? When you are injured at work, you are entitled to 80% of your after-tax wage loss. The benefit is determined by using the amount of your weekly pay. If your pay varies week to week, your average weekly rate is calculated by averaging the 39 highest weeks pay out of the last 52 weeks on the job.

Are my lost wages through workers’ compensation taxable? No, your lost wages benefit is not subject to federal income tax. (Florida does not have state income tax.)
What if I have multiple jobs and because of my injury, I cannot work at any of them? If you are employed by more than one employer at the time of the injury, all of your wages are added together and included in the weekly pay calculation.
My employer offered me light duty, but it pays less. Do I still qualify for lost wages? If the job offered to you while you are injured is a lower paying job, you will receive compensation benefits based upon the difference in wages. It is important to note that if light work is offered that can be reasonably performed with no threat to recovery and within a proximate distance to your residence, you must take the job or risk losing benefits. It is also important to note that your employer is not required to offer an alternative job.
Do I have to work? If your doctor has approved work within certain restrictions, it is your obligation to look for work within those parameters. Failure to do so may result in a denial of lost wages. If a doctor says you are totally disabled and unable to work, you will obviously be exempt.
Can I recover for pain and suffering? No. Generally, you can apply for lost wages and medical benefits, but under Florida’s workers compensation laws, you cannot sue your employer for pain and suffering.
What if I return to work, but relapse? Your benefits can be reinstated if a return to work is unsuccessful for medical reasons. Inform your employer immediately, and obtain a doctor’s notice of modified work restrictions.
What if I am injured and am receiving ongoing medical care, but my doctor says I can return to work?
If you are injured and receive medical care but are allowed to return to your job within 7 days, lost wages do not apply. However, you are still eligible for all medical benefits.

A work injury can cause hardship, including medical bills and lost time from work. But the workers’ compensation laws are there to assist you if you have suffered an on-the-job injury. If this has happened to you, don’t get confused or intimidated – get help!

Call the experienced personal injury and workers’ compensation attorneys of Probinsky & Cole.