Morgan’s Tip of the Week- Unemployment benefits, offsets and bar to indemnity
Greetings,
I had a few questions recently about claimant’s collecting Unemployment benefits while claiming lost wages in Florida WC. Florida has returned to its pre-Covid level of Unemployment benefits (UE).
2024 Claim Maximums: 12 weeks
- Weekly Benefit Amount (WBA): $275
- Maximum Benefit Amount (MBA): $3300
The Florida WC statute addresses how UE is handled when claiming TTD/TPD in 440.15(10) (statute below).
- UE is a complete bar to receiving TTD, you can not get both per 440.15(10)(a)
- UE is an offset to TPD per 440.15(10)(b); meaning you do not put it into the 80%/80% formula as earnings. You calculate the amount of TPD due, and then deduct the UE.
Your employer should have the information when someone gets approved for UE. Encourage/remind your employer to share this information with you.
440.15(10) EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER WHO HAS RECEIVED OR IS ENTITLED TO RECEIVE REEMPLOYMENT ASSISTANCE.—
(a) No compensation benefits shall be payable for temporary total disability or permanent total disability under this chapter for any week in which the injured employee has received, or is receiving, reemployment assistance or unemployment compensation benefits.
(b) If an employee is entitled to temporary partial benefits pursuant to subsection (4) and reemployment assistance or unemployment compensation benefits, such reemployment assistance or unemployment compensation benefits shall be primary and the temporary partial benefits shall be supplemental only, the sum of the two benefits not to exceed the amount of temporary partial benefits which would otherwise be payable.
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Sincerely,
Morgan Indek | Managing Partner