What should a workers’ compensation recipient in Miami, Florida do if their benefit checks stop?

Injured workers who qualify for workers’ compensation are generally able to collect wage replacement benefits if they were out of work for more than seven days and their doctor has determined that they cannot return to work for a specific period of time. The amount an individual will receive depends upon how much they were earning prior to their work-related accident as well as what caps the state has set on how much an injured worker can receive.

According to Florida Statute § 440.14, an injured employee who has worked for the same employer for 13 weeks preceding the incident shall be entitled to receive a benefit check for a portion of their wages. The law states that the employee’s “average weekly wage shall be one-thirteenth of the total amount of wages earned in such employment during the 13 weeks.” 

In the event the employee wasn’t working for the same employer for 13 consecutive weeks, the wages of a “similar employee” who has worked 13 weeks shall then been used to determine how much the employee will receive.

When Workers’ Comp Benefit Checks Stop

If an employee’s benefit checks have stopped, there are few ways they can address the situation.

1. The Florida Division of Workers’ Compensation suggests that the employee contact the insurance company to discuss the matter with the adjuster or a claims representative. 
2. In the event the adjuster or claims representative is unable to help the employee, they can contact the Employee Assistance Office (EAO) at 800-342-1741 or email the EAO at [email protected].
3. If an employee is unable to get the help they need from the insurance company or the EAO, they might then want to consider contacting a Miami, FL workers’ compensation attorney. 

How can a workers’ comp lawyer help an employee who has stopped receiving benefit checks?

Whether an employee is unable to get in touch with the workers’ comp insurance carrier or doesn’t understand why their benefit checks have stopped, a workers’ comp lawyer can step in and help. Once an attorney is brought on board, they will handle the case so that the employee no longer has to. This means handling all calls to the insurer and taking action when the insurer refuses to pay.

If an injured worker in Miami is no longer receiving benefit checks even though they believe they are still entitled to them, Mario Trespalacios P.A. is here to help. Mario Trespalacios P.A. offers free consultations to those who may need to retain legal counsel and can be reached at 305-261-5800.

Mario Trespalacios P.A. can be contacted at:

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com