Injured on the Job? Learn about workers compensation payment advances up to $7,500

What if you are injured on the job, but the testing required to prove the injury takes time? How do you support yourself if your employer prohibits you to work until you receive a ‘full duty release’ from a doctor?

These are all questions Nic Night asked himself after he was injured on the job. Night worked as an aircraft mechanic cleaning and assembling plane parts. His work involved strong cleaning solutions, often working in enclosed rooms without a mask. When he suddenly started feeling severe chest pain during his shift, Fire Rescue was called and, suspecting a heart attack, nitro glycerin was administered. At the hospital, tests came back normal with only a slight suggestion of a heart condition.

Due to the serious nature of the injury, and without a conclusive explanation of the cause, the employer refused to allow Night to return to work until he got a full duty release from a doctor.

Hoping his workers compensation carrier would authorize treatment, Night sent off his medical records. However, the carrier denied his claim and refused to provide benefits. It took weeks for Night to see a cardiologist for additional testing; in the meantime, he was out of work with no money to support his wife and children. After seeking my legal advice, I informed him of Florida Statute 440.20 that allows injured workers to request an advance up to $7,500 (see statute below for details).

The judge of compensation claims is empowered to hear testimony and decide what is in the best interest of the claimant. The Judge in his case awarded an advance in the amount of $2000, and he was able to avoid eviction from his home.

If you are injured at work, but the medical testing is not strong enough to support a workers compensation claim, seek legal advice on securing a payment advance. For help on these and other legal questions, please contact William Robinson, Esq. at williamrobinsonattorney.com.

Florida Statute 440.20 12

(12)(a) Liability of an employer for future payments of compensation may not be discharged by advance payment unless prior approval of a judge of compensation claims has been obtained as hereinafter provided. The approval shall not constitute an adjudication of the claimant’s percentage of disability.

(b) When the claimant has reached maximum recovery and returned to her or his former or equivalent employment with no substantial reduction in wages, such approval of a reasonable advance payment of a part of the compensation payable to the claimant may be given informally by letter by a judge of compensation claims.

(c) In the event the claimant has not returned to the same or equivalent employment with no substantial reduction in wages or has suffered a substantial loss of earning capacity or a physical impairment, actual or apparent:

1. An advance payment of compensation not in excess of $2,000 may be approved informally by letter, without hearing, by any judge of compensation claims or the Chief Judge.

2. An advance payment of compensation not in excess of $2,000 may be ordered by any judge of compensation claims after giving the interested parties an opportunity for a hearing thereon pursuant to not less than 10 days’ notice by mail, unless such notice is waived, and after giving due consideration to the interests of the person entitled thereto. When the parties have stipulated to an advance payment of compensation not in excess of $2,000, such advance may be approved by an order of a judge of compensation claims, with or without hearing, or informally by letter by any such judge of compensation claims, if such advance is found to be for the best interests of the person entitled thereto.

3. When the parties have stipulated to an advance payment in excess of $2,000, such payment may be approved by a judge of compensation claims by order if the judge finds that such advance payment is for the best interests of the person entitled thereto and is reasonable under the circumstances of the particular case. The judge of compensation claims shall make or cause to be made such investigations as she or he considers necessary concerning the stipulation and, in her or his discretion, may have an investigation of the matter made. The stipulation and the report of any investigation shall be deemed a part of the record of the proceedings.

(d) When an application for an advance payment in excess of $2,000 is opposed by the employer or carrier, it shall be heard by a judge of compensation claims after giving the interested parties not less than 10 days’ notice of such hearing by mail, unless such notice is waived. In her or his discretion, the judge of compensation claims may have an investigation of the matter made, in which event the report and recommendation will be deemed a part of the record of the proceedings. If the judge of compensation claims finds that such advance payment is for the best interests of the person entitled to compensation, will not materially prejudice the rights of the employer and carrier, and is reasonable under the circumstances of the case, she or he may order the same paid. However, in no event may any such advance payment under this paragraph be granted in excess of $7,500 or 26 weeks of benefits in any 48-month period, whichever is greater, from the date of the last advance payment.