What are the Limits on Weekly Rate of Compensation in Florida?

Compliance Corner

Tampa, FL (WorkersCompensation.com) -- Anyone looking for compliance information in Florida could have that info at their fingertips with a Simply Research subscription. For example, what are the rules surround the weekly rate of compensation in the Sunshine State?

Simply Research has that, and a bunch more. Here's a sneak preview:

At Least $20 a Week

Compensation for disability resulting from injuries shall not be less than $20 per week. However, if the employee’s wages at the time of injury are less than $20 per week, she shall receive her full weekly wage. If the employee’s wages at the time of the injury exceed $20 per week, compensation shall not exceed an amount per week which is:

(a) Equal to 100 percent of the statewide average weekly wage and

(b) Adjusted to the nearest dollar.

Glossary Check

The “statewide average weekly wage” means the average weekly wage paid by employers subject to the Florida Reemployment Assistance Program Law as reported to the Department of Commerce for the four calendar quarters ending each June 30, which average weekly wage shall be determined by the Department of Commerce on or before Nov. 30 of each year and shall be used in determining the maximum weekly compensation rate with respect to injuries occurring in the calendar year immediately following. The statewide average weekly wage determined by the Department of Commerce shall be reported annually to the Legislature.

What about Time Restrictions?

In Florida, compensation is not allowed for the first even days of the disability. However, if the injury results in more than 21 days of disability, compensation is allowed from the commencement of the disability.

How does it get Paid?

All weekly compensation payments, except for the first payment, must be paid by check or, if authorized by the employee, paid on a prepaid card deposited directly into the employee’s account at a financial institution or transmitted to the employee’s account with a money transmitter.

Upon receipt of authorization by the employee, a carrier may use a prepaid card to deliver the payment of compensation to an employee if the employee is:

(1) Provided with at least one means of accessing her entire compensation payment once per week without incurring fees;

(2) Provided with the ability to make point-of-sale purchases without incurring fees from the financial institution issuing the prepaid card; and

(3) Provided with the terms and conditions of the prepaid card program, including a description of any fees that may be assessed.

Recordkeeping Requirements

Each carrier shall keep a record of all payments, including the time and manner of such payments, and shall furnish these records or a report based on these records to the Division of Investigative and Forensic Services and the Division of Workers’ Compensation, upon request.

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