Free Case Review Text us

Orlando Worker's Compensation Attorneys

Do Worker's Comp Insurance Companies Pay For Lost Wages?

It depends on the specifics of your particular case. If your claim has been accepted by your employer and their workers' compensation carrier, they are responsible for furnishing you with authorized medical care. They may also owe you lost wages depending on several factors.

At each visit with an authorized doctor, the doctor will be asked to address various aspects of your case including your work status and whether you have reached Maximum Medical Improvement (MMI). MMI simply means that your medical care has plateaued and your medical issues are not likely to improve. Put another way, MMI means that you are "as good as you are going to get".

Before MMI, you would be entitled to temporary lost wages in three separate situations.

The first is if the your treating doctor places you on a no work status meaning you cannot work at all. If you are on a no work status, you are entitled to Temporary Total Disability or "TTD" benefits for short. Lost wages are always paid based on your Average Weekly Wage ("AWW") for the 13 weeks immediately before your industrial accident. For example, if you averaged exactly $500 per week for the 13 weeks before your accident, you would be paid 66 2/3% of this figure or $333.33 per week while on a no work status. It should be noted that if you are incarcerated or confined involuntarily to a public institution such as a mental hospital while on a no work status, this would preclude you from receiving lost wage checks unless you have dependents. If so, the insurance carrier must pay benefits to the qualifying dependents while the injured worker remains an inmate.

Need to file a Work Compensation Claim? Talk with our Expert Orlando, FL Workers' Compensation Attorneys Regardless of where your home is situated Call our office Today for a free consultation - 800-874-2577

The second situation where you would be entitled to payment of temporary lost wages Is if your authorized doctor places you on a light duty work status and your employer is unable or unwilling to accommodate your limitations. In many cases, your doctor will not place you on a no work status taking you out of work entirely. Instead, your authorized doctor will place you on some type of light or modified duty. Light duty work may be offered depending on the company where you work and whether they have light duty work to offer you. If your employer is willing to offer you work within your work restrictions and you are earning at least 80% of your pre-accident earnings, lost wages would not be owed. If work is offered and it is refused, your employer and their insurance company will likely take the position that you are voluntarily limiting your income and deny any claim for lost wages.

If your employer does not have work available within your work restrictions, or is otherwise unable or unwilling to accommodate you, the insurance carrier will owe you Temporary Partial Disability benefits or "TPD" benefits for short. These benefits are paid at 64% of your Average Weekly Wage (slightly less than the 66 2/3% owed when on a TTD or no work status). Please understand that while TTD and TPD benefits are paid at only a percentage of your regular pay, you would not be taxed on the lost wage checks received which does help soften the blow.

The last situation where temporary lost wages would be owed is if you are placed on light duty and your employer offers you work within your limitations, but you are earning less than 80% of your pre-accident earnings through no fault of your own. For example, you are offered work at a lesser rate of pay or given less hours and end up earning less than 80% of your pre-accident earnings, you would be entitled to partial TPD benefits depending on your specific earnings during that particular time period. The insurance company should have you complete Employee Earning Reports (also known as a DWC-19) documenting your earnings for that particular time period. It is important to fill out the Employee Earning Reports in a timely manner so it can be determined if lost wages are due and you are paid for such benefits in a timely fashion.

Again, please recall that your right to collect TTD or TPD benefits ends once you are placed at MMI by your treating doctor. Once the authorized doctor (or doctors) place you at MMI, no additional lost wages would due or owing. Lastly, any right to temporary lost wages would end once work is offered within your limitations or if placed on a full duty status by your authorized doctor. If you disagree with your doctor's opinions regarding work status or MMI or wish to challenge your right to collect lost wages, you should consult with an attorney specializing in workers' compensation for a legal opinion.

Once placed at MMI, the only way lost wages would be owed is if you can prove that you are Permanently and Totally Disabled or "PTD". If you are entitled to PTD benefits, you would receive 66 2/3 % of your AWW until age 75 or death, whichever occurs first. For all accidents occurring after October 1, 2003, PTD benefits are NOT payable if the claimant is engaged in, or is able to engage in, at least sedentary work. Put another way, an injured worker needs to establish that they are unable to engage in at least sedentary work to be eligible for PTD benefits.

For some injuries or conditions, such as a spinal cord injury involving severe paralysis of an arm, leg or trunk, or a severe brain or closed head injury, it would be presumed that you are PTD although this could be challenged by your employer and their insurance company. If an injured worker does not suffer a presumptive condition (like a spinal cord injury involving paralysis or a severe brain injury), the injured worker has the burden to prove they are entitled to PTD benefits. Please understand that this can be a difficult burden to overcome. And, most insurance companies will not agree to provide such benefits without a fight. Thus, if you suffer a serious injury, you should strongly consider talking to a lawyer specializing in workers' compensation as early in the process as possible.

Orlando Orlando Worker's Compensation Attorneys
Free Case Review Text us
Orlando Worker's Compensation Attorneys
Committed to Your Personal & Financial Recovery

Our goal is to make the process as easy as possible for you. You don't even have to come into our office if you cannot travel or adjust your schedule to make it to us. We're more than happy to come to you!

In addition to traveling directly to our clients, the team at Trial Pro, P.A. also pledges to provide clear advice and regular client communication. We know how vital regular contact with our clients is - we never leave you hanging or delay our responses. 

Orlando Orlando Worker's Compensation Attorneys
Orlando Orlando Worker's Compensations Lawyer
After experiencing an accident, the last thing you desire is to have an attorney at hand that doesn’t know how to represent you adequately. You want a reputable law firm that will.
Orlando Lawyer
Serious Representation
We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively. 
Orlando Lawyer
Unmatched Case Results
When you are involved in an auto accident, we understand that it can be a frustrating and scary time, but we promise you that our commitment to you is genuine. Our injury lawyers at Trial Pro, P.A. give you more than you expect from them. We will always strive to meet your expectations by doing everything we can to make them a reality.
Orlando Lawyer
Committed to Our Clients
It would help if you didn't have to beg for a call back from your attorney. It would be best if you didn't have to beg for an update on your case. At Trial Pro, P.A., we don't operate in that manner. We constantly call our clients to give them updates on their claims. If we miss a call, we promise always to return it.
Orlando Lawyer
Compassionate In & Out of Court
Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.
Pursuing Client Victories

The Trial Pro, P.A. is a law firm based in Florida that is dedicated to representing clients throughout Florida. With offices in Orlando, Tampa, Fort Myers, Naples, Melbourne, and the surrounding areas of Brevard County. We are committed to serving you to the fullest extent possible. Throughout the process of working with us, we strive to make it as simple and stress-free as possible. Thus, we are more than happy to meet with you at home, work, the hospital, or any other location that is convenient for you. If you would like to come to our office, you are always welcome.

Orlando Orlando Worker's Compensation Attorneys
Free Case Review Text us

 Send Message
* The following info is required
 Our Locations
Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida. Our dedicated, experienced Orlando Worker's Compensation Attorneyss handle various legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

Trial Pro P.A. Orlando Office

  (407) 300-0000

 250 N Orange Ave 14th Floor
Orlando, FL 32801

Trial Pro P.A. Tampa Office

  (813) 522-5444

 100 S Ashley Drive, Suite 600

Trial Pro P.A. Naples Office

  (239) 300-0000

 870 111th Ave N #1
Naples, FL 34108

Trial Pro P.A. Fort Myers Office

  (239) 400-5000

 9341 Marketplace Rd
Fort Myers, FL 33912

Trial Pro P.A. Melbourne Office

  (321) 586-2088

 2551 W. Eau Gallie Blvd., Suite 102
Melbourne, FL, 32935

Contact Info
250 N Orange Ave, 14th Floor
Orlando, FL 32801
(407) 300-0000

Our law firm fights aggressively -- always determined to win your case. 

Trial Pro, P.A. Car Accident Attorneys
Trial Pro, P.A.

Please note that the information on this website is provided for general information purposes only. This site does not constitute legal advice nor does it establish an attorney-client relationship. If you require medical advice or treatment, you should seek the care of a licensed medical professional.