Workers’ compensation insurance provides injured workers with many benefits after they have suffered an injury in a work-related accident. One of the benefits that is extended to covered employees is reimbursement for lost wages when an employee cannot work as a result of an accident. Although an employee is generally able to recover a portion of their salary during the time they are out of work, Florida law states that you shall not receive payment for the first seven days of disability [Source: Florida Division of Workers’ Compensation]. In the event your “disability extends to over 21 days, you may be paid for the first seven days by the insurance company.”


How much will my employer’s insurer pay for lost wages after a work-related accident?


The Florida Division of Workers’ Compensation says that you should receive a check bi-weekly or every two weeks and it “will be [for] 66 2/3 percent of your average weekly wage.” If you recently suffered an injury in a work accident, “your average weekly wage [will be] calculated using wages earned 13 weeks prior to your injury, not counting the week in which you were injured.”

Now, the Florida Division of Workers’ Compensation goes on to explain that “if you worked less than 75% of the 13-week period, a similar employee in the same employment who has worked 75% of the 13-week period or your full-time weekly wage shall be used.”


How long will I receive checks for the time I am unable to work due to my injury?


After you receive your first check, which should arrive to you “within 21 days after reporting your injury to your employer,” you may continue receiving checks for a temporary disability “for no more than a maximum of 104 weeks.” In the event your injury is permanent and you are unable to work, the timeframe for which you will receive checks might differ. To find out how long you are entitled to receive checks for lost income due to a permanent injury suffered in a work-related accident in Miami, contact the Florida Division of Workers’ Compensation Employee Assistance Office at 800-342-1741.


What should I do if the insurer is not providing me with a check to make up for my lost income?


There are a few different things you can do to address the issue.  For starters, you might consider calling the insurance company to speak with the adjuster responsible for handling your claim. Another option you have is to contact the Employee Assistance Office by phone or email ([email protected]). Now, if you are really struggling to get answers to your questions or do not know why you aren’t receiving the checks you are entitled to, it is best that you contact a Miami, FL workers’ compensation lawyer.

Orlando R. Murillo, P.A. is a workers’ compensation law firm located in Miami, FL that can help you address your concerns. If you would like to speak with a skilled workers’ comp attorney who can help determine why you aren’t receiving your checks or what needs to be done on your part to rectify the issue, this is the firm to call.


Orlando R. Murillo, P.A. can be reached at:

7350 SW 89th Street, Toscano Building, Suite 100
Miami, Florida 33156

Phone: 786-530-4288