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If you’ve been injured on the job in Florida, one of the most important factors in your workers’ compensation claim is the indemnity rate or the amount you’re paid to make up for lost wages. But calculating that rate isn’t always straightforward. In this article, we break down…
In Florida Workers’ Compensation law, an indemnity benefit refers to the partial wage replacement paid to an injured worker who is unable to work due to a job-related injury. These payments help compensate for lost income during the time the worker is recovering and unable to earn their regular wages.
Typically, Florida calculates an injured worker’s average weekly wage (AWW) by averaging your earnings over the 13 full weeks leading up to the date of your injury. However, this method doesn’t apply in every case. If you did not work during the entire 13-week period, perhaps because you were newly hired, alternative methods may be used. These can include the:
The AWW calculation includes all forms of earnings, such as:
If you lose access to fringe benefits after your injury, those lost benefits can be factored into the AWW, increasing the indemnity rate.
Matthew Romanik, lead attorney at Working For Workers in Florida, has spent decades helping injured workers navigate the complexities of the state’s workers’ compensation system. His legal team has successfully advocated for clients whose indemnity rates were unfairly reduced due to misreported wages, off-the-books pay, or overlooked benefits. With a deep understanding of how average weekly wages are calculated and contested in real-world cases, Mr. Romanik brings both experience and results to the table.
If you believe your indemnity payments aren’t what they should be, don’t put off getting the legal support you need. Contact Working For Workers today for a free consultation.
One of the most common issues arises in industries like construction, where employees are sometimes paid partially through official payroll and partially in off-the-books cash. This unreported income is difficult to verify and often gets excluded from the AWW calculation, unfairly reducing the employee’s benefits. If income isn’t documented properly, it may be impossible to include it in a benefits claim, even if the worker actually received it.
If you’re an injured worker and you believe your indemnity rate has been calculated incorrectly or underpaid, an attorney can:
These sorts of factors can significantly complicate AWW calculations. If you held more than one job prior to your injury, and it prevents you from performing either job, your earnings from both positions should be considered. However, unrelated employers may be slow or unwilling to provide necessary payroll records.
On the topic of bonuses, one well-known case involved a retail manager who received an annual bonus that did not fall within the 13 weeks prior to injury. The employer went on to argue the bonus shouldn’t count at all. But the judge ruled the most fair and balanced approach was to pro-rate the bonus over 52 weeks so that a portion of it would be included in the average weekly wage, regardless of the exact timing of payment.
These types of disputes show how judges can exercise discretion to ensure a fair outcome, balancing both employer and employee interests.
For more information on the Florida indemnity rate calculation, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 388-6260 today.
Matthew Romanik, lead attorney at Working For Workers in Florida, has spent decades helping injured workers navigate the complexities of the state’s workers’ compensation system. His legal team has successfully advocated for clients whose indemnity rates were unfairly reduced due to misreported wages, off-the-books pay, or overlooked benefits. With a deep understanding of how average weekly wages are calculated and contested in real-world cases, Mr. Romanik brings both experience and results to the table.
If you believe your indemnity payments aren’t what they should be, don’t put off getting the legal support you need. Contact Working For Workers today for a free consultation.
