Page | 14 How much will I be paid? In most cases, benefits are calculated at 66 2/3 percent of your average weekly wage up to the state max for the year of your accident. If you were injured on or after October 1, 2003, your average weekly wage is calculated using wages earned 13 weeks prior to your injury, not counting the week in which you were injured Will I be paid if the doctor takes me off work? In most cases, your first check will be from the 8th day of disability through the time your authorized treating physician releases you to return to work. Under Florida law, you are not paid for the first seven days of disability, unless you are out more than 21 days. Will the check come to my house? If you are entitled to benefits, your check will be mailed to your home. Please make sure we have the most up to date information regarding your address and phone number. Can I receive unemployment compensation and workers’ compensation benefits at the same time? No, not if you are receiving temporary total or permanent disability benefits, you must be medically able and available to work to qualify for unemployment benefits. Will I get fired because of my injury? No. It is against the law to fire you because you have filed or attempted to file a workers’ compensation claim. If I choose to have Legal Representation how would this affect my claim? Injured workers are not required to have an attorney but are free to retain one if they so desire. If an injured worker elects to hire an attorney to represent him or her with his or her workers’ compensation claim - (a) Fees and costs may come out of benefits received, unless his or her employer or workers’ compensation carrier is held responsible for paying the attorney fees and other costs which may occur under certain limited circumstances. (b) All communication, whether written or verbal, pertaining to an injured worker’s claim, must be between the injured worker’s attorney and NSU’s Third Party Administrator. Consequently, the injured worker cannot communicate with NSU representatives/employees pertaining to his/her claim while represented by an attorney. If my claim is based on Mental or nervous disorders how is it covered? Mental or nervous injuries (440.093): A mental or nervous injury due to stress, fright or excitement only is not an injury by accident arising out of the employment (see 440.02(1), Definitions.) Section 440.093 addresses mental or nervous injuries. It states that the physical injury must be and remains the major contributing cause and limits the payment of permanent benefits for mental or nervous injury to six months following date of maximum medical improvement for the physical injury.
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