Ocala, FL Unpaid Wages & Commissions
After a work-related injury, an injured worker may be placed under certain restrictions by an approved medical provider. These restrictions generally consist of removing the worker from their regular job duties or assigning job restrictions the employer is unable to provide. If the injured worker can work, there is the possibility the worker will earn less than a fixed percentage of their average weekly wage. When this situation occurs, an injured worker may be eligible to receive unpaid wages and/or commissions under the law by filing a Florida workers’ compensation claim.
At Schatt Hesser McGraw, our attorneys understand the importance of regaining a sense of normalcy after a workplace injury. Many times an injured worker is unsure how to collect unpaid wages or how to determine if they’re eligible to receive these monies at all. If you’ve been injured in a work-related accident, contact Schatt Hesser McGraw to discuss your case.
Unpaid Wages & Commissions After A Work Injury
Indemnity benefits cover lost or unpaid wages and commissions in Florida. Though the benefits aren’t a full reimbursement, the amount is based on previous earnings in the immediate 13 weeks before the injury and work restrictions from the doctor overseeing the injured worker’s medical treatment. The reimbursement amount, also called the average weekly wage, may include extra employer-paid benefits such as health insurance.
An injured worker may be eligible for indemnity benefits if they have been out of work for at least seven calendar days. Other qualifying factors include:
- The worker is unable to return to work because of the work-related accident;
- The worker is able to return to work but the earned wages are less than 80 percent of what was earned before the injury; and/or
- The medical provider states the injured worker will experience a permanent impairment due to the injury.
Because workers’ compensation law is so complex, its best to contact a workers’ compensation attorney in Ocala, FL, at Schatt Hesser McGraw if you have questions about unpaid wages and commissions. Our attorneys can help you navigate the labyrinth of forms and filing deadlines so you receive the benefits owed.
Injured Workers’ Right To Indemnity Benefits
An employee injured while working has the right to recover certain indemnity benefits under Florida workers’ compensation law. This law states that a worker won’t be paid for the first seven days of the injury unless the injury causes a disability lasting more than 21 days. If the disability lasts more than 21 days, the worker is entitled to payment for the first seven days. Most injured workers begin to receive their benefits 21 days after the work-related accident.
How To Recover Unpaid Wages
Recovering unpaid wages and/or commissions in Florida is a three-step process. First, an injured worker must notify their employer, in writing, that they plan to file a claim against the employer. This notice is generally called a demand letter and needs to outline:
- The request for unpaid wages and/or commissions;
- The dates and hours of the unpaid wages; and
- The total amount owed by the employer.
Once the demand letter is submitted to the employer, the employer has 15 days to pay the claim or settle it to the satisfaction of the worker. If the employer doesn’t respond, a workers’ compensation lawyer at Schatt Hesser McGraw can assist you in filing suit against the employer. Keep in mind there are specific deadlines for filing suit. These are:
- If the claim is under the Florida Minimum Wage Statute, it must be filed within four years of the violation;
- If the violation was willful, a suit must be filed within five years.
Contact A Workers’ Compensation Lawyer For Help
The laws and regulations guiding workers’ compensation in Florida are wide-ranging and complex. Attempting to file for unpaid wages and commissions alone can be a daunting task but the Ocala attorneys at Schatt Hesser McGraw can help. Our attorneys are well-versed in workers’ compensation laws and workers’ rights and can assist any client through the process. Contact our law firm today to schedule a consultation for your case.