Miami, FL asked in Employment Law for Florida

Q: I am on salary at 1800 for two weeks. If I started a job on Wednesday, should my pay be 1100 or the full 1800

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1 Lawyer Answer
Joseph Coughlan
Joseph Coughlan
  • Orlando, FL
  • Licensed in Florida

A: It is likely closer to the $1,100.00 and not the $1,800.00.

There are a few ways to calculate you lost wages under workers' compensation. First is setting your average weekly wage (AWW). To do that, your earnings during the prior 13 weeks could be used. It sounds like you just started the job when the accident occurred and so your contract of hire could be used. Using $1,800 for two weeks, your average weekly wage would be $900.00.

The next step is to calculate your compensation rate. Which is the amount you are entitled to as actual payment. There are two base rates. One is for periods of time in which a doctor has placed you on a no-work status and it is called temporary total disability (TTD). The other is when a doctor says you can return to work with limitations, temporary partial disability (TPD).

For a 2023 accident in Florida with an AWW of $900, the TTD compensation rate is $600.00 per week and the TPR compensation rate is $576.00.

Please keep in mind there are many other factors that will impact actual entitlement to lost wages and the specific amount for any given period of time. These figures do not take such factors into consideration.

It is always best to speak to an experienced attorney.

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