Most people associate workplace injuries with “dangerous” jobs like construction and heavy machinery and plant operation. However, work-related injuries and occupational diseases are also common in other seemingly safe environments like offices and can have severe, long-lasting effects.
Thanks to workers’ compensation, employees who are injured while at work are entitled to certain monetary benefits. In turn, they are required to give up their right of pursuing compensation directly from the employer or suing them. To understand the workers’ comp benefits you are entitled to and the amount you are likely to receive, it is important that you speak to a workers’ compensation lawyer.
If you have been injured in Miami Gardens, Florida, while on the clock, don’t hesitate to get legal assistance. Contact the law offices of Miami Workers’ Compensation Lawyers Coalition via (786) 686-2857 or fill our online form to schedule a free legal consultation with one of our Miami Gardens workers’ compensation lawyers.
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Florida Workers’ Compensation Income Limits
Employees who have been injured while on the job can receive various types of indemnity and medical benefits. Under the workers’ comp laws of Florida, these benefits may not exceed or go below a certain legal maximum and minimum respectively. The limits for these benefits are renewed yearly, and it is important to stay updated.
Temporary total disability benefits are the most common under the workers’ comp system and will apply in almost all workplace injury cases. In Florida, these benefits can’t exceed $1,011 per week (as of 2021), with their legal minimum being $20 per week.
Families whose loved ones died following a workplace accident are also entitled to death benefits. The amount of death benefits is determined by the number of dependents, but will generally not exceed two-thirds of the deceased employee’s average weekly income. If the benefits are awarded as lump-sum compensation, the total amount may not exceed $150,000. Funeral and burial benefits may also accrue, but they may not exceed $7,500.
Types of Miami Gardens Workers’ Compensation Benefits
Depending on the severity of the workplace injury and the recovery time, Miami Gardens’ workers can receive various types of benefits. The following types of benefits could be available to injured workers depending on the facts of their workplace injury:
Temporary Total Disability Benefits in Florida Workers’ Comp (TTD)
An employee who has been injured while on the job is eligible for temporary total disability benefits if they can’t work following a doctor’s evaluation indicating that you’re not fit to resume work. The injured employee continues to receive these benefits until they recover fully or the doctor establishes that they can’t recover fully from their workplace injury.
Temporary Partial Disability Benefits in Florida Workers’ Comp (TPD)
These benefits accrue if you haven’t reached a stage called maximum medical improvement (MMI) but return to work in a limited role. This way, you earn some money by doing light-duty work and receive temporary partial disability benefits.
Permanent Partial Disability Benefits in Florida Workers’ Comp (PPD)
Workers who have sustained a workplace injury may lose a vital function or carry a long-lasting problem (impairment) and may be eligible for permanent partial disability benefits. Specifically, these benefits accrue to workers who have received medical treatment and reached MMI or have six weeks before their temporary total disability benefits expire and haven’t attained MMI.
Permanent Total Disability Benefits in Florida Workers’ Comp (PTD)
Workers who suffer serious injuries that lead to amputations or permanent loss of function may never be able to return to work. In such cases, injured employees qualify to receive permanent total disability benefits. These benefits are awarded after the employee has reached MMI but the doctor establishes that you may never regain the ability to do meaningful employment.
How are Miami Gardens Workers’ Compensation Benefits Calculated?
In most cases, temporary total disability (TTD) benefits will be awarded if you’re injured while on the job. These benefits are usually two-thirds of your pre-injury average income. For instance, if your weekly income was $600 before your injury, you will receive $400 in TTD benefits.
Important to note, you won’t get these benefits for the first seven days of your injury unless your injury prevents you from working for more than 21 days. TTD benefits may rise up to 80% of pre-injury wages for six months without a maximum if an employee suffers severe injuries like blindness and paralysis.
Temporary partial disability (TPD) benefits are calculated at 80% of the difference of the current income and 80% of the pre-injury income. For instance, if you were earning $1,000 a week and are now earning $500, your TPD benefits would be calculated by subtracting $500 from 80% of $1,000 ($800), which is $300. The TPD benefits would then be 80% of $300, which is $240.
Permanent partial disability (PPD) benefits are not as common but may be awarded depending on your case. These benefits are calculated after a doctor has assessed you and established that you have an impairment or loss of function. If this is the case, your PPD benefits will amount to 75% of the temporary total disability capped at the legal maximum in Florida. For injured workers who somehow earn as much as their pre-injury income, their PPD benefits are halved.
Workers who suffer workplace injuries may also be eligible for permanent total disability (PTD) benefits. These are benefits awarded if the employee may never be able to engage in any meaningful employment. Normally, these benefits amount to two-thirds of the employee’s pre-injury weekly income. In Florida, employees will receive these benefits until they are 75 years or for life if they are not eligible for Social Security benefits.
Are Miami Gardens Workers’ Compensation Benefits Taxed?
In most cases, workers’ comp disability benefits will be tax-free. However, it is important to discuss with a workers’ comp lawyer to find out whether your benefits are subject to any tax.
How to Receive my Workers’ Comp Benefits in Miami Gardens?
Workplace injuries are not uncommon and can occur even in seemingly safe work environments. If you have been injured while on the clock, speaking to a workers’ comp attorney can help you understand the benefits that you can receive and for how long you will receive them. To find out more about your workers’ compensation benefits, contact the Miami Workers’ Compensation Lawyers Coalition via (786) 686-2857 or online form to schedule a free case evaluation today.