How Much Does Workers’ Comp Pay for Lost Wages in Florida?

When a worker is injured on the job, one of the most immediate concerns is how they will manage their finances while they recover. Workers’ compensation in Florida is designed to help injured employees by providing them with medical care and wage replacement.

How much does workers’ comp pay for lost wages? The amount you receive and the type of benefits you qualify for will depend on several factors, including the nature of your injury and your ability to return to work.

If you’re injured on the job in Miami or anywhere in Florida, seeking skilled legal representation is crucial. Our Miami workers’ compensation lawyers can help you navigate the claims process and maximize your benefits.

Workers Comp Pay for Lost Wages: The Basics

When a worker is injured on the job and is unable to work, workers’ compensation benefits help replace lost income. Florida workers’ comp benefits begin after seven days of disability. However, if the worker is unable to work for more than 21 days, benefits will cover those initial seven days as well.

Workers comp pay for lost wages is based on the injured worker’s Average Weekly Wage (AWW). The AWW is calculated by taking the worker’s earnings from the 13 weeks before the injury, including overtime, bonuses, and other regular income. The total earnings are divided by 13 to determine the average weekly wage. If the worker did not work a full 13 weeks, the AWW can be calculated based on the wages of another employee in a similar position.

Temporary Total Disability Benefits (TTD)

Temporary Total Disability benefits are designed for workers who are temporarily unable to work due to their injuries. If your doctor determines that you cannot work at all during your recovery, you may be eligible for TTD benefits.

How Much Does TTD Pay?

In Florida, temporary total disability benefits generally provide two-thirds of your average weekly wage (AWW), up to the state’s maximum weekly benefit, which changes annually.

There are specific cases where TTD benefits can be more than the typical two-thirds. If your injury is classified as a catastrophic injury, such as the loss of a limb, blindness, or other severe injuries, you may be eligible for 80% of your average weekly wages for up to six months.

How Long Can You Receive TTD Benefits?

Florida law allows injured workers to receive TTD benefits for up to 104 weeks. If your doctor determines that you have reached Maximum Medical Improvement (MMI)— meaning further medical treatment is unlikely to improve your condition — your TTD benefits will stop. At this point, you may qualify for other types of benefits depending on the extent of your recovery.

Temporary Partial Disability Benefits (TPD)

If your doctor allows you to return to work with restrictions or limitations but you are earning less than you did before the injury, you may be eligible for Temporary Partial Disability benefits.

How Much Does TPD Pay?

Temporary Partial Disability benefits are based on the difference between your pre-injury earnings and your current wages while working with restrictions. To calculate TPD benefits, Florida uses a formula:

• Multiply your pre-injury wages by 80%.
• Subtract your current earnings from that number.
• Multiply the result by 80%.

For example, if your pre-injury weekly wage was $1,000 and you are now earning $600 a week, the calculation would look like this:

• $1,000 × 80% = $800
• $800 − $600 = $200
• $200 × 80% = $160

In this example, your weekly TPD benefits would be $160. Like TTD, the benefits you receive are capped by the state’s maximum benefit limit.

How Long Can You Receive TPD Benefits?

You can receive TPD benefits for up to 104 weeks, or until you no longer need work restrictions or reach Maximum Medical Improvement (MMI), whichever comes first.

Impairment Income Benefits (IIB)

Once you reach Maximum Medical Improvement, your doctor will evaluate whether your injury has left you with any permanent impairments. If you have a permanent disability, you may be eligible for Impairment Income Benefits (IIB).

How Much Do IIB Pay?

Your doctor will assign a permanent impairment rating, which is expressed as a percentage and represents the severity of your disability. The amount you receive in IIB benefits is calculated as two-thirds of your AWW, similar to TTD benefits. How long these benefits last depends on your impairment rating.

For instance:

• If your impairment rating is 1% to 10%, you are entitled to two weeks of benefits for each percentage point.
• If your impairment rating is 11% to 15%, you receive three weeks of benefits for each percentage point.
• If your impairment rating is 16% to 20%, you receive four weeks of benefits for each percentage point.
• For impairments 21% or greater, you are entitled to six weeks of benefits for each percentage point.

For example, if you have a 15% impairment rating, you would receive benefits for 10 weeks for the first 10%, then 15 weeks for the remaining 5%, totaling 25 weeks of IIB.

Permanent Total Disability Benefits (PTD)

If your injury is so severe that you will never be able to return to work in any capacity, you may qualify for Permanent Total Disability (PTD) benefits. These benefits are reserved for workers with the most serious, life-altering injuries.

How Much Does PTD Pay?

PTD benefits provide two-thirds of your AWW, up to the state’s maximum weekly benefit. Unlike TTD and TPD, which are temporary, PTD benefits continue for the rest of your life, or until you reach the age of 75, unless you are not eligible for Social Security, in which case benefits may continue for life.

Qualifying for PTD Benefits

To qualify for PTD benefits, you must prove that you cannot return to your pre-injury job or any other type of work. PTD benefits are typically awarded for catastrophic injuries, such as:

• Severe spinal cord injuries leading to paralysis
• Total blindness
• Amputation of limbs
• Brain injuries
• Severe burns

These benefits are designed to support workers who will never fully recover from their injuries and cannot engage in gainful employment.

How a Miami Workers’ Compensation Lawyer Can Help

Navigating Florida’s workers’ compensation system can be challenging, especially when it comes to calculating the appropriate amount for lost wages and ensuring you receive the benefits you are entitled to. Insurance companies often aim to minimize the amount they pay out, and disputes over your wage calculation or medical condition can arise.

A knowledgeable Miami workers’ compensation lawyer can assist you in several ways:

• Filing your claim on time: Missing deadlines for filing claims or reporting injuries can result in your claim being denied.
• Ensuring correct benefit calculations: An experienced attorney will ensure your AWW is correctly calculated and that you receive the maximum benefits allowed by law.
• Appealing denied claims: If your workers’ compensation claim is denied, an attorney can guide you through the appeals process to seek the benefits you deserve.

The Workers’ Compensation Lawyers Coalition in Miami has extensive experience helping injured workers navigate the complexities of Florida’s workers’ compensation system.

Contact Us Today for a Free Consultation

If you have been injured on the job in Miami or anymore in Florida, don’t hesitate to seek legal guidance. Having an experienced attorney on your side can make a significant difference in the outcome of your case.

The Workers’ Compensation Lawyers Coalition is here to help you fight for the compensation you deserve, ensuring you and your family are supported during your recovery. Contact us today for a free consultation and take the first step toward protecting your rights.