Maximum Workers’ Compensation Rate, Effective January 1, 2022

Posted in Legal Alerts on December 29, 2021

The Florida Department of Economic Opportunity has announced the statewide maximum weekly compensation rate for work-related injuries and illnesses occurring on or after January 1, 2022, shall be $1,099.00. 

Section 440.12(2), Florida Statutes (2021), provides that the weekly compensation rate shall be equal to 100 percent of the statewide average weekly wage, adjusted to the nearest dollar.  This year the average weekly wage paid by employers subject to the Florida Reemployment Assistance Program Law for the four calendar quarters ending June 30, 2021 was $1,099.39.  

This increase in the maximum compensation rate is approximately an 9% increase over last year, the largest year to year percent increase, since 1981.  All adjusters, carriers, and TPAs should make note of the new maximum compensation rate for any injuries that occur on or after January 1, 2022.  We expect a similar, or even greater increase next year, based upon current wage data and the labor market shortages resulting in increased pay for employees. 

Determining the correct compensation rate is an area where claimant attorneys often are able to generate attorney fees.  Contact any of our workers' compensation attorneys for assistance in properly determining the average weekly wage early in a claim to avoid costly penalties or attorney fees.