Visitor Question

Should I still receive payments if I don’t hit 80% of my pre accident income?

Submitted By: Brian (Pensacola, FL)

I’m on Workman’s comp for a car accident while I was on the job. I’ve been getting weekly checks and not had any real problems so far. My doctor has put me on full duty Monday, Wednesday, and Friday. I’m on limited duty Tuesday, Thursday, and Saturday.

My question is, should I still be receiving a check as long as I don’t hit 80% of my pre-accident income? My doctor has not put me as MMI (Maximum Medical Improvement). From what I’ve read I should get a check as long as I’m not at 80% of my pre-accident income, hit MMI status, or hit my 104 week max. Any help would be great. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Brian,

You are correct. You should continue to receive those benefits until you reach 80% of your pre-accident income. Until such time as you reach your 104 week limit you should not have any interruption to your benefits.

During the entire treatment period you should have made every attempt to regain your heath. At the time of your eventual return to full time, ask your employer to offer you a different position. Make it clear you do want to work and although you would very much like to have your former position, you will accept any lateral position.

Depending on the duration of your injury and the resulting recovery periods you may continue to receive total benefits until you reach your MMI.

The maximum 104 week requirement will apply in your case as well. As long as your actual benefit proceeds do not result in an overage above the original injury’s estimated treatment allowance you will be okay.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 2, 2011

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