If you are not able to work as a result of your worker's compensation accident, you must be in total disability, which is determined by the doctor. If you are in total disability, you are entitled to receive 66 and 2/3 percent of your average weekly wage. What is your average weekly wage? You take the last thirteen weeks of your employment to calculate the average weekly wage. If you have not been there thirteen weeks, we can take the similar pay or similar employee and see what's that employee being paid. A lot of the times, mistakes are made by the insurance company because they do not consider overtime. If you were working overtime and receiving other benefits, that is something that should be calculated into the average weekly wage to calculate the correct percentage of your 66 and two thirds that you are entitled to receive.
Miami-Dade: 305-649-5060
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Jose M. Francisco - http://josefrancisco-lawyers.com