Workers’ comp benefits consist of the money paid to an injured employee by their employer following a workplace accident. The amount paid to each person varies based on the severity of their injuries. The latter also affects the duration the employee will receive the benefits.
Most people stop receiving workers’ comp benefits when they return to work. Others keep getting the compensation even after they return to work. The third class of people get the payment for life.
A Miami workers’ compensation lawyer can help you identify the class you belong to and fight for your rights if denied. But before getting to that, let’s take an in-depth look at how long workers’ comp benefits last in Florida.
When Do You Start Receiving Workers’ Comp Benefits?
Most people who get hurt at work would likely stay away for a few days and return. If they sustained an injury that prevents them from carrying on their previous employment, they would get a new job. The new work might be in the same field or something different.
If the employee suffered a rare catastrophic injury, leaving them disabled for life, they would never return to their job. In any of these instances, the person is entitled to workers’ compensation benefits. In Florida, injured employees start receiving payment eight days after the injury.
It means that they do not get paid immediately after they suffer an injury. Most employers use vacation time or sick leave to cover the first seven days. However, if your injury keeps you away from work for 21 days, you will get workers’ comp for the time you spent away.
What Is the Duration for Receiving Workers’ Comp Benefits?
Since no two injuries are the same, the amount of time an employee would collect workers’ compensation varies from person to person. As mentioned earlier, the primary determinant is the injury type and how it affects your ability to work. Thus, a person with an amputated limb would receive workers’ comp benefits longer than someone with a simple fracture.
Also, each type of workers’ compensation benefits has a different duration. Below, we listed the various payments and how long they last:
- Temporary Disability: Florida workers’ comp law provides for injured employees to receive payments for up to a minimum of 104 weeks for temporary disabilities. During this time, the employee must remain on a “No work” status or under a limitation the employer cannot accommodate.
- Medical Benefits: Medical benefits go on for as long as the employee needs them. The only condition precedent is that the treatment is for the injury or after-effects of the wound sustained at work. Also, the employee must get “Authorized” medical care at least once in 12 months to keep receiving workers’ comp benefits.
- Permanent Partial Disability: A person with a permanent partial disability had recovered from their injury but still has some impairment level. In this instance, once the person attains Maximum Medical Improvement (MMI), they will continue to receive impairment income benefits. The payment will go on for the duration established for the degree and type of disability the person suffered or till they die.
- Permanent Total Disability: An injury would be a permanent total disability if it results in a life-long disability. An employee with this diagnosis is entitled to collect 66.67 percent of their weekly wages. The payment will run for as long as the person is unable to perform any work function. This benefit continues until the employee is 75-year-old. However, if before that age the person can physically work in a place within a 50-mile radius of their home, they will lose their workers’ compensation.
What Happens if the Workers’ Comp Is a Lump Sum Payment?
There are cases where the employer offers the employee a lump sum settlement. If the employee agrees, they will get a one-time payment instead of receiving benefits for years. Florida law makes provision for this, but there are rules for when and how a lump settlement is possible. Find out about it from a workers’ comp attorney.
Miami Lawyers 360 Can Help With Your Workers’ Comp Claim
Being eligible for workers’ compensation benefits does not mean you will get it. Often, employers and their insurance companies look for ways to avoid payment or pay less than you deserve. This is why you need a workers’ comp attorney.
At Miami Lawyers 360, we have the expertise and experience to represent you. We will not only ensure you get paid, but we will also make sure you receive your benefit for the stipulated duration. Let us help you get what you deserve. Call us today for a free consultation.