A recent case out of Florida proves that you don’t need to “live a pauper’s life” in order to get an advance on workers’ compensation benefits. As long as you can prove that you have suffered a serious loss of earning capacity as a result of your injury and are facing serious financial setbacks because of it, you may be able to ask for early benefits.

In the case of Bonner v. Miami-Dade Public Schools, the original comp judge denied Hattie Bonner’s request of a $2,000 advance on her workers’ comp benefits. She had been injured in April 2012 and was on sick leave for 18 months before returning to work with reduced pay. She asked for an advance to get her back on track “…so I could put food in my refrigerator, for one thing, gas in my car, and to pay my bills,” she told the judge.

The original judge said that some of her bills were luxury expenses and found that her financial problems were not related to her injury.

Then the appeals court overturned that ruling, with one dissent. But the majority said her injury did in fact cause a reduction in her earnings, giving rise to financial needs.

“A claimant is not required to live a pauper’s life to be eligible for an advance of up to $2, 000,” stated the ruling. The court said that smaller advances were meant to help an injured worker avoid defaulting on credit while they wait for due benefits.

The dissenting justice thought that Bonner’s income and expenses were relatively equal so he could not agree that her injuries had caused her financial strife.