Workers’ compensation systems provide compensation to workers who get injured at the workplace. It is necessary to obtain temporary total disability benefits in Florida in case of severe injuries. The compensation plan covers the medical expenses along with lost wages payment. The lost wages payment assists people who are unable to perform work duties due to work-related injuries.
Wage replacement benefits are of two types: Temporary disability benefits and permanent disability benefits. You may need to know what temporary disability benefits are. How can you obtain these benefits, and what are the eligibility criteria to obtain the benefits? Hiring a personal injury lawyer will assist you through the legal process by protecting your rights and attaining the compensation you need.
Temporary total disability benefits are provided to employees who are unable to perform work duties as they were performing before the workplace injury. These benefits are provided temporarily until the employee completely recovers from the injury. Such benefits are provided to the people who are still in the recovery stage and have not reached the maximum medical improvement stage. Maximum medical improvement is the maximum extent to which the medical condition can be stabilized and further improvement is unlikely. People who are unable to work during their recovery process are eligible to obtain compensation benefits.
What are Temporary Partial Disability & Temporary Total Disability Benefits in Florida?
Temporary disability benefits provided through workers’ compensation are further divided into two categories involving temporary partial and temporary total disability benefits in Florida. Approximately 4,572 people lost their lives due to preventable workplace injuries in 2019.
Temporary total disability (TTD) benefits are given to those workers who are unable to perform any work-related responsibilities. The workers do not decide for themselves; instead a professional evaluates the medical condition of the worker. Upon evaluation, the doctor decides whether the injuries are restricting the worker from performing work duties or not.
Temporary partial benefits (TPD) are provided to people who can work even after sustaining injuries. However, their working capacity is restricted. These workers can perform some of the work they used to do before the accident. Similarly, they cannot earn more than 80% of what they were earning before the accident.
For instance, imagine you have suffered from a workplace injury and your doctor allows you to work but you can only work for a short shift. You may not be able to sit for a long period so your shifts have become shorter. This is a work restriction. This will also negatively impact your earnings as a shorter shift means you will be paid less than before. In such a situation, you may receive temporary disability benefits.
Calculating Temporary Disability Benefits:
Temporary total and partial disability benefits, both provide compensation for lost wages due to workplace injury. However, you won’t be able to receive the complete amount of your lost wages.
The maximum amount that can be provided under temporary total disability benefits is up to $971 per week. Often the amount is calculated to be equal to two-thirds of your weekly wage before the injury. In severe cases, the law permits to provide 80% of the pre-injury wage for six months. Temporary partial disability benefits are equal to 80% of the difference between your current wage with restrictions and 80% of your pre-injury wage.
Temporary Disability Benefits Period:
The first payment of temporary disability benefit is received within 21 days after notifying about your injury to the employer’s insurance company for workers’ compensation. Until you are eligible, you will receive the payment bi-weekly.
The wage replacement benefits are not paid for the first seven days of being temporarily disabled. However, if you remain disabled for more than 21 days then you are eligible to be compensated for the first seven days as well. For a disability of fewer than 21 days, you won’t be able to receive benefits for the first week.
Temporary disability benefits are provided up to 104 days or until you reach the maximum medical improvement point. Your doctor will evaluate your medical condition whether you will be able to continue work or not. If unfortunately, you do not recover, then the doctor can evaluate permanent disability or impairment due to injuries.
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Years of experience and professional skills allow us to better understand each case and provide the best legal options to our clients. If you have suffered from a workplace injury and you want to seek temporary total disability benefits in Florida, we will ensure that your legal rights are protected while you receive the claim you deserve.