Injuries can have a significant impact on someone’s ability to do their job and earn wages. If you have suffered a workplace-related injury, you may qualify for workers’ compensation benefits in Melbourne. Our experienced workers’ compensation lawyers are experts at getting you the compensation that you deserve.
Florida Workers’ Compensation Lawyers Coalition can help you to figure out if you meet the standards for benefits and will fight to make sure you’re able to access any and all benefits you are owed.
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Florida Workers’ Compensation Income Limits
Workers’ compensation benefits in Melbourne are based on the average weekly income a worker earned over the last 13 weeks before the accident. Typically, compensation is 66%, or two-thirds of a worker’s average wages. This compensation is subject to offsets from unemployment insurance and Social Security.
Although workers’ compensation is designed to restore some of the wages lost after an injury, there are limits on how much an injured worker can receive. Florida caps payments at a rate that’s equivalent to 100% of the Florida average state weekly wage. Currently, that means that the maximum payment a worker can receive is $746.
Types of Melbourne Workers’ Compensation Benefits
There are different types of benefits available to workers in Florida. Below, you can find out more about the different kinds of benefits you may be entitled to.
Temporary Total Disability Benefits In FL Workers’ Comp (TTD)
Workers that are eligible for TTD benefits have suffered an injury that has left them totally disabled. Although the worker may not make a full recovery, they are expected to see an improvement in their condition. Benefits are typically two-thirds of an employee’s average weekly wage in the thirteen weeks before the accident. However, individuals with extremely serious injuries may qualify for more benefits.
Once an employee qualifies for TTD benefits, they can continue to receive these benefits for up to 104 weeks or when a physician believes that the worker has reached the point of maximum medical improvement (MMI). At this point, the claim may be reclassified as a permanent disability claim.
Temporary Partial Disability Benefits In FL Workers’ Comp (TPD)
TPD benefits are targeted toward injured employees that can return to work with some restrictions. As an example, a physician may recommend that a worker work fewer hours or transition to light duty work. This can lead to a worker earning less money than they did before their injury.
These benefits are designed to make up some of the difference between what a worker earned before the injury and what the worker is earning currently. Benefits are determined by subtracting a worker’s current average wages from 80% of the worker’s previous average wages. Workers are eligible to receive 80% of the difference.
If you qualify for TPD benefits, you can receive them for up to 104 weeks or until a physician gives you an MMI diagnosis. If your earnings change during this period, the benefits you receive may change as well. If you’ve suffered a permanent disability, you may be eligible for future benefits.
Permanent Partial Disability Benefits In FL Workers’ Comp (PPD)
If an injury leaves you with a lasting injury, you may no longer be able to earn as much as you did before your accident. PPD benefits can make up for some of those lost wages. In order to qualify for these benefits, you will need to be assessed by a physician, who will assign you with an impairment rating.
There are two different types of PPD impairment ratings: extremity and whole person ratings. Extremity ratings include burns, neurological damage, and limb loss. Whole person ratings include back, neck, head, and torso injuries. Benefits can vary based on the level of impairment and other factors, such as the type of work you did before the accident.
Permanent Total Disability Benefits In FL Workers’ Comp (PTD)
If an accident has left you with injuries so severe that you are no longer able to find any employment within a 50 mile radius of your home, and a physician has stated that you have reached MMI, you may qualify for PTD. Standards for PTD benefits are very strict, and many disabled workers will not meet them.
If you do qualify for PTD benefits, you are eligible to receive disability payments until you are 75. If you are over 70 when the injury occurs, you can receive benefits for the next five years. Benefits are typically two-thirds of a worker’s average wages before the accident. There is also a 3% cost of living increase that will continue until the worker is 62.
How Are Melbourne Workers’ Compensation Benefits Calculated?
To calculate what you are likely to receive in workers’ comp benefits, you should add up all over your earnings over the last 13 weeks. Make sure you include any overtime or bonuses you were paid during this time period. Once you have the total sum, you should calculate your average weekly wage.
From there, you should calculate what two-thirds of that average wage would be. That is what you should receive in benefits. Keep in mind that in Florida, workers’ comp benefits are capped at $971 per week.
Some types of benefits, such as TTD and PTD benefits, also look at other factors, such as your current earnings and the severity of the injury, when determining benefits. If you want a more accurate picture of what you’re likely to receive, your safest option is to consult with a lawyer.
Are Melbourne Workers’ Compensation Benefits Taxed?
Your workers’ compensation benefits are not subject to state or federal taxes. The IRS does not count workers’ compensation as income, which means you do not need to include benefits that you receive when filing taxes for that year. If you are receiving TTD or PTD benefits, your benefits will not be taxed, but you will pay taxes on the wages you earn from your employer.
Contact Our Experienced Lawyers for Help with Workers’ Compensation Benefits in Melbourne
Even though workers’ compensation benefits were created to help injured workers, it isn’t always easy to access these benefits. Thankfully, working with Workers’ Compensation Lawyers Coalition Florida will make this process much simpler. Don’t hesitate to reach out to us at (954) 448-7355 if you want to know more.