How Average Weekly Wages Are Calculated in a Fort Lauderdale Workers’ Compensation Claim
When on-the-job injuries happen in Fort Lauderdale and you file a Florida workers’ compensation claim, one of the first things the insurer does is calculate your average weekly wage. If the amount is calculated incorrectly, it can cost you thousands of dollars over the life of your claim.
Most injured workers never scrutinize this number, which is why errors in average weekly wage calculations are so common. Our experienced Fort Lauderdale workers’ compensation lawyer explains how the calculation works and how the wrong amount can impact your rights to benefits.
How Weekly Wages are Calculated in a South Florida Workers’ Comp Claim
Under Section 440.14 of the Florida Statutes, average weekly wage calculations are based on your earnings in the 13 weeks before your injury. The insurer takes your total wages during that period and divides it by 13 to arrive at your weekly figure.
The calculation sounds straightforward, but several factors can complicate it. Common sources of average weekly wage errors in Fort Lauderdale workers’ comp claims include:
- Overtime wages that were earned regularly but excluded from the calculation.
- Tips, commissions, bonuses, or other variable compensation that were not included even though they were a consistent part of your income.
- Wages from a second job, which should be factored in under certain circumstances.
- Incomplete payroll records submitted by the employer that do not reflect your actual earnings during the 13 weeks.
- Errors in how irregular pay periods, seasonal work, or recent raises were handled.
Even a small error in your average weekly wage calculation compounds over weeks and months of receiving benefits, turning what looks like a minor discrepancy into a significant financial shortfall.
How Incorrect Average Weekly Wage Calculations Impact South Florida Workers Comp Benefits
When calculating average weekly wages in a South Florida workers’ compensation claim, injured workers often focus on the weekly benefit amount. However, that is just the starting point.
Your average weekly wage ripples through every financial component of your Florida workers’ comp claim in ways that are not always obvious. In addition to temporary disability benefits, here’s what could be affected:
- Permanent impairment payouts, regardless of how serious your injury is.
- Any lump sum settlement offer the insurer makes.
- Vocational rehabilitation benefits and return to work assessments.
- Lost earnings, if filing a third-party personal injury lawsuit alongside your workers’ compensation claim.
A wage calculation error that reduces your weekly check by fifty dollars does not just cost you fifty dollars a week. It reduces every benefit built on that number for the entire life of your claim.
Think Your Average Weekly Wage Was Calculated Incorrectly? Consult an Experienced Fort Lauderdale Workers’ Compensation Lawyer
If you filed a South Florida workers’ compensation claim and suspect your average weekly wages were calculated incorrectly, contact the Law Offices of David M. Benenfeld, P.A. right away. Our experienced Fort Lauderdale workers’ compensation lawyer reviews calculations, identifies errors, and helps you get the maximum benefits you deserve. Request a consultation at our Sunrise, Fort Lauderdale, or West Palm Beach office today.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.14.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.15.html