Employers across Florida have a duty to maintain a workers’ compensation insurance cover. This type of policy is usually designed to help compensate employees for any financial losses they may incur as a result of a workplace injury or after contracting an illness occasioned by working in a hazardous environment.
Have you been injured in your Florida workplace? Have you suffered lost wages, incurred medical expenses or any other quantifiable losses as a result of your injuries or illness? If yes, Florida Law guarantees you the right to fair compensation based on the severity of your injuries and the extent of your losses.
At Florida Workers’ Compensation Lawyers Coalition, we can help you craft and file a strong workers’ compensation claim against your employer. As you recuperate, we will handle all the necessary court processes and act as a liaison between you and your employer in compensation negotiations. Our Brandon workers’ compensation lawyers have extensive experience in handling these types of claims in Florida as demonstrated by our strong winning record. To learn how we can help push your particular workers’ compensation claim through the corridors of justice successfully, all you need to do is give us a call on (786) 249-7999.
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What Types of Benefits Can I Get Awarded on Filing a Workers’ Compensation Claim in Brandon, FL?
As mentioned earlier, the workers’ compensation insurance taken by your employer is meant to compensate you for any lost wages and other financial losses you incur after being involved in a workplace accident. The total compensation that you receive on lodging a workers’ compensation claim and the duration of time that you are eligible to receive the benefits will depend on the classification of your claim. Note that your claim will be classified depending on the severity and extent of the injuries that you suffered when working.
In Florida, workers’ compensation benefits are generally divided into four categories. After lodging a claim, you may be awarded any of the following benefits:
Temporary Total Disability (TTD) Benefits
You can be awarded TTD benefits if you sustain non-permanent injuries while working but cannot resume your normal work duties immediately because you are severely injured or ill.
Temporary Partial Disability (TPD) Benefits
If you are injured at work and resume work but cannot handle your normal workload or duties because of the restrictions posed by your illness or injuries, you may be awarded TPD benefits. However, to be fully eligible for TPD benefits, you must be earning less than 80% of the average weekly income you were earning before sustaining workplace injuries or health complications.
Permanent Partial Disability (PPD) Benefits
If you are awarded TPD or TTD benefits and the maximum duration of time to collect either of these benefits expires before you are able to return to work fully because of extensive injuries, you may be eligible for PPD benefits.
Permanent Total Disability (PTD) Benefits
If you sustain injuries or suffer an illness that renders you permanently incapable of returning to work in the future (In your previous role or in another industry), you may be eligible for PTD benefits.
How Are Different Workers’ Compensation Benefits Calculated in Florida?
To understand how to calculate workers’ compensation benefits in Florida, there are two key terms you should know.
Average Weekly Wage (AWW)
This refers to the average amount that you earn on a weekly basis. To know your AWW, you simply need to add up gross annual income, overtime income, bonuses and other benefits you are awarded at work such as health insurance and then divide the total by 52 (The number of weeks in a year). Alternatively, if you have not been working with your employer for long, you can know your AWW by calculating the average weekly income you received in the 13 weeks before you sustained your workplace injuries.
Permanent Impairment Rating (PIR)
This refers to the degree of permanent injuries that you sustain in a certain body part after a workplace accident. A PIR rating is usually given by a licensed doctor. Note that the PIR rating given by a doctor is usually determined by the severity of your injuries.
Now that you understand the meaning of the terms above, we can now go ahead and discuss how the different types of workers’ compensation benefits are calculated in Florida…
1. How Are Temporary Partial Disability Benefits (TPD) Calculated?
If you are awarded TPD benefits, the compensation that you receive will be 80% of the difference between what you were earning before your injuries and the amount that you are currently earning in your new role.
For example, if you were earning an Average Weekly Wage (AWW) of $800 before you were injured and start earning an AWW of $600 on returning to work while recuperating, then your TPD benefits will be calculated as follows:
- Difference between your previous AWW & your current AWW
$800 – $600 = $200
- 80% of the wages you are losing
80% * $200 = $160
This means that your weekly TPD benefits will be $160.
2. How Are Temporary Total Disability Benefits (TTD) Calculated?
If you are awarded TTD benefits, your weekly compensation will be two-thirds of your AWW.
For example, if you have an AWW of $1,200, your TPD benefits will be calculated as follows:
- 2/3 * $1,200 = $800
This means that your TTD benefits will amount into $800.
Note that in some cases, you may suffer catastrophic injuries in the workplace such as paralysis or blindness. If your injuries are classified as catastrophic, your TTD benefits will be 80% of your AWW. Following the scenario above, your TTD benefits in the event of catastrophic injuries would be calculated as follows:
- 80% * $1,200 = $960
3. How Are Permanent Partial Disability Benefits (PPD) Calculated?
If you are awarded PPD benefits, your compensation will be based on the Permanent Impairment Rating (PIR) provided by your doctor. After determining the degree of impairment, your doctor will then assign you a healing period (Calculated in weeks) for the affected body part. You can only pursue PPD compensation within the time duration allocated for the affected body part.
4. How Are Permanent Total Disability Benefits (PTD) Calculated?
If you are awarded PTD benefits, your overall compensation will be equal to 75% of the amount you were receiving as Temporary Total Disability Benefits (TTD).
Note that calculating workers’ compensation benefits can be complicated because each case is unique. Additionally, in some cases when a worker suffers intensive injuries, the employer can choose to pay disability benefits as a lumpsum. In such a scenario, you will need the assistance of experienced workers’ compensation lawyers when negotiating with your employer for fair compensation.
To understand how much your claim is worth, we encourage that you call our Florida Workers’ Compensation Lawyers to get a free case evaluation.
What Is the Maximum Amount I can Receive in Workers’ Compensation Benefits & For How Long?
The maximum amount that you can collect as workers’ compensation benefits in Florida will vary depending on the type of benefits that you are awarded.
As of 2020, you can receive a maximum of $971 in TTD benefits. However, if you are awarded TTD benefits after sustaining catastrophic injuries, there is no limit on the maximum weekly compensation that you can receive.
You can continue receiving TTD benefits until your doctor rules that you have reached Maximum Medical Improvement (MMI) or your doctor rules that you are okay to resume normal work duties. Note that you can only claim TTD benefits for up to 104 weeks.
As of 2020, the maximum weekly cap for TPD benefits was $971. Note that if on receiving your TPD benefits you earn more than 80% of the amount you were making prior to your injuries, you will only receive 50% of your TPD benefits. Note that you can only claim TTD benefits for up to 104 weeks.
There is no limit on the maximum amount that you can receive as PTD benefits. You can continue receiving PTD benefits until you reach retirement age (75 years). However, if you do not qualify for Social Security benefits on attaining this age, you can continue receiving PTD benefits for life.
The PPD benefits that you receive and the amount of time that you can pursue these benefits will be dictated by your PIR rating and the number of weeks allocated for the specific body part that is impaired.
NOTE: The duration of time within which you can seek benefits can vary from the stipulated deadlines depending on the unique facts surrounding your case. We recommend that you contact us to get relevant and accurate information on your specific workers’ compensation claim case.
Will My Workers’ Compensation Benefits Be Taxed in Brandon, FL?
No. Any monetary compensation that you are awarded on filing a workers’ compensation claim in Brandon, FL will not be taxed.
However, if you return to work while still receiving disability benefits, your new earnings will be taxable.
Contact The Florida Workers’ Compensation Lawyers for Help with Your Workers’ Compensation Claim in Brandon, FL.
Though your employer has a duty to ensure that they maintain a safe working environment, accidents that can lead to serious injuries at work remain an inherent risk. In case you are injured while working or get health complications as a result of workplace conditions, you have a right to seek compensation for all financial losses that you incur while recuperating – And, we can help guarantee that you are fairly compensated.
At Florida Workers’ Compensation Lawyers Coalition, we have a skilled and seasoned team of expert litigators who can help you pursue compensation from your employer. Given that each compensation claim is unique, we recommend that you get in touch with us as quickly as possible to learn how we can help ensure you are fairly compensated.
To consult with our attorneys about your potential workers’ compensation claim in Brandon and to receive a free case evaluation, call us at (786) 249-7999 or complete our online contact form.