At Florida Lawyers 360, our Lake City workers compensation attorneys are committed to helping employees injured on the job to recover the benefits they are entitled to under Florida law. We also help families whose loved ones have suffered fatal job-related accidents recover death benefits.
No matter the situation you currently face, you can always count on our experience to seek the maximum workers compensation benefits on your behalf and will ensure that you aren’t wrongfully denied the benefits you deserve. Call us today to schedule a free consultation.
Table of Contents
Florida Workers Compensation Income Limits
Disability benefits have a maximum weekly income cap of $1,099 as of January 1, 2022. Further limitations may apply depending on the type of disability – Temporary Total Disability (TTD) or Temporary Partial Disability (TPD).
TTD benefits are 66.67% or two-thirds of your Average Weekly Wage (AWW) just before the injury, up to the legal maximum that’s adjusted annually. TPD benefits, on the other hand, are equal to 80% of the difference between 80% of the AWW and other remuneration the employee is able to earn post injury.
It can be difficult to determine what the Florida workers compensation income limits are. That’s why you shouldn’t hesitate to contact the experienced Lake City, FL workers compensation lawyers at Florida Lawyers 360 if you have any questions pertaining to your worker’s compensation income limits.
Types of Florida Workers Compensation Benefits
In Florida, if the injury or illness that you suffered while working on the job resulted in a disability that prevents you from working either permanently or temporarily, you may be eligible to receive wage compensation due to your disability.
The amount of wage compensation that you are eligible to receive through workers compensation will depend on your type of disability. Here are the 4 main types of workers compensation benefits in Florida:
Temporary Total Disability Benefits in Florida Workers Compensation (TTD)
You will be eligible to receive Temporary Total Disability (TTD) wage benefits when the authorized treating physician provides the opinion that you are completely unable to perform your job. It is referred to as Temporary because most people will return to some level of performing work-related duties after receiving medical care.
If you’re on Temporary Total Disability (TTD), you are eligible to receive compensation that’s equal to two-thirds of regular wages. To calculate your TTD, you must first determine what is your Average Weekly Wage (AWW). Your AWW is defined under Florida law as the average weekly wages that are earned during the 13 weeks prior to the accident that caused your disability.
Temporary Partial Disability Benefits in Florida Workers Compensation (TPD)
You may qualify for Temporary Partial Disability (TPD) if you’re able to return to work, but are only able to work with certain restrictions such as limited movement, limited hours, or limited type of work, and you haven’t reached Maximum Medical Improvement (MMI.
You may also qualify for Temporary Partial Disability and receive additional compensation if you are unable to earn at least 80% of your previous regular wages. TPD is also paid based on the amount of your Average Weekly Wages (AWW), in conjunction with the amount of money earned on a weekly basis after returning to light work duty.
Permanent Partial Disability Benefits in Florida Workers Compensation (PPD)
You may qualify for wage compensation based on impairment known as Permanent Partial Disability (PPD) in Florida if your medical condition isn’t expected to improve after suffering an injury. A doctor will have to state that you have reached Maximum Medical Improvement (MMI) in their qualified, professional opinion.
You will be given an impairment rating to rate your disability and you may be put on permanent work restriction. The benefits you receive will ultimately be determined by your specific condition and impairment rating. Payment may continue until the specific time limit established for the type and degree of disability or until death.
Permanent Total Disability Benefits in Florida Workers Compensation (PTD)
You may qualify for Permanent Total Disability (PTD) benefits in Florida if you have reached your Maximum Medical Improvement (MMI) and the injuries from your work-related accident or illness are so severe that you are unable to ever go back to work.
Payment of Permanent Total Disability (PTD) benefits may continue until you reach age 75. However, payments may be discontinued if it’s discovered that you are physically able to perform employment within a 50-mile radius of your home.
Workers compensation in Florida also provides additional benefits, which include:
Workers compensation pays for all medical care that’s necessary for treating a work-related illness or injury, as long as the treatment is prescribed by the treating physician and authorized by the insurance company. You are equally entitled to the costs associated with traveling to and from doctor’s appointments and getting prescribed medication.
If you are unable to return to your regular job following your workplace or work-related illness or injury, you may receive vocational counseling, placement services, and other help to find new employment. If you require additional education or training to get a suitable job, workers compensation may pay for the education but for just 26 or 52 weeks.
If an employee dies as a result of a workplace or work-related illness or injury in Lake City, Florida, the worker’s spouse, children, or other dependent relatives are eligible to receive death benefits under the law.
The benefits will depend on the number of dependents, but cannot exceed two-thirds of the worker’s Average Weekly Wage (AWW) or $150,000 in total. Workers compensation also pays up to $7,500 for funeral and burial expenses.
If you have suffered permanent effects from a workplace or work-related injury or illness, you can count on our Lake City, FL workers compensation lawyers at Florida Lawyers 360 to help you obtain a fair settlement. Call us today to schedule a free, no-obligation consultation with our work injury lawyers.
How Are Florida Workers Compensation Benefits Calculated?
Florida workers compensation uses the term “compensation rate” to refer to the dollar amount of periodic benefits paid during periods in which an injured worker is on a “no-work” status. The benefits are either Permanent Total Disability (PTD) or Temporary Total Disability (TTD) benefits and are calculated at 66% of the Average Weekly Wage (AWW).
Average Weekly Wage (AWW), on the other hand, is calculated using a variety of methods. The most common one involves taking an arithmetic average of the gross earnings during the 13 weeks immediately prior to the accident. In some situations, however, it can be more equitable to look at the original contract of hire or wage records of a similar employer.
When considering employees who work on a seasonal basis or in industries with significant changes to the worker’s income depending on the time of year, an average of 52 weeks prior to the accident may be more appropriate. Other methods of calculating the AWW exist and may be more suitable under certain circumstances.
The experienced Lake City FL workers compensation lawyers at Florida Lawyers 360 can determine whether all calculations have been done properly and ensure that the most appropriate methods of calculations were applied. Call us today to find out whether you or your loved one’s workers compensation benefits have been properly calculated.
Are Florida Workers Compensation Benefits Taxed?
Workers compensation benefits in Florida are income tax free. Disability benefits that are paid for in line of duty injury for public employment are also tax exempt, but disability employees for private employee pensions are taxable.
Keep in mind, however, that workers compensation benefits can be taxed in certain situations. For instance, if you return to work while still receiving disability benefits, the new earnings will be taxable. That’s why you should check with either a tax specialist or a workers compensation lawyer to find out whether or not your specific situation involves taxable benefits.
Contact Our Lake City, FL Workers Compensation Lawyers at Florida Lawyers 360!
Employers in Florida have a duty to provide workers compensation insurance. It is usually aimed at compensating employees for any financial losses incurred as a result of a workplace or work-related illness or injury.
If you feel that you aren’t being provided the workers compensation benefits that you are entitled to under Florida law, call our highly skilled and experienced workers compensation lawyers at Florida Lawyers 360 today.
If you call, a member of our legal team will speak with you to discuss the specifics of your case along with what we can do to help you today. Call us today to schedule your free, no-obligation consultation and case evaluation.