Every day, we are at risk of suffering injuries due to accidents. Some of these may be small, not resulting in serious injuries. But if a worker trips and breaks a leg or suffers back injuries while on work duties, it is safe to say that the process of filing for workers’ compensation benefits in Spring Hill will be triggered. Through this process, the injured worker seeks to recover indemnity and medical benefits for their workplace injury.
Workers’ compensation, also known as workmen’s compensation, is a statutory program that covers the costs incurred by an employee due to a work-related injury or illness. To be eligible for workers’ comp benefits, your employer must be an employee, you must suffer a work-related injury or occupational disease, your employer must have workers’ compensation insurance, and you must meet Florida’s deadlines of reporting and filing your workers’ comp claim.
If you tick all these boxes, you have a right to receive medical and indemnity benefits for your workplace injury. When filing your claim, it is important to speak to an experienced workers’ compensation lawyer to know the benefits that you’re entitled to. At the Florida Workers’ Compensation Lawyers Coalition, our lawyers understand the claims process and can help you maximize your workers’ compensation benefits. Call us today at (954) 448-7355 or fill our online form to schedule a free case evaluation.
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What are the Florida Workers’ Compensation Income Limits?
Workers’ compensation is state-mandated, and the rules governing it vary from state to state. Some of these rules govern the maximum benefits that an injured worker can receive. In Florida, the maximum temporary disability benefits you can receive as of 2021 is $1,011 per week, with the legal minimum being $20 per week.
For death benefits, the amount will depend on the number of dependents there are, but can’t exceed 2/3 of the employee’s average weekly wage or $150,000 in total. The amount received for funeral and burial costs may not exceed $7,500.
What are the Types of Workers’ Compensation Benefits in Spring Hill?
If you have been injured while on your job, there are various benefits that you may be entitled to. You may qualify for indemnity benefits if you’re not in a position to work for more than seven days due to your injury. In such cases, you should be compensated in part for lost wages. If you have incurred medical expenses following treatment and occupational rehabilitation due to your injury, you may also be entitled to medical benefits.
Spring Hill workers injured on the job can be eligible to any of the following workers’ compensation benefits:
Temporary Total Disability Benefits in Florida Workers’ Comp (TTD)
Generally, you can draw TTD benefits if you can’t work due to your workplace injury or occupational disease and the doctor says that you’re not fit to return to work. Payments for these benefits end when you’ve recovered or your doctor decides that you won’t make a full recovery.
These benefits are usually 2/3 of your regular average wages before the injury. In Florida, these benefits can’t exceed $1,011 per week. You don’t get these benefits for the first seven consecutive days of disability, unless your injury keeps you off work for more than 21 days. For severe injuries like paralysis and blindness, these benefits may go up to 80% of your pre-injury wages for the first six months, without a legal maximum.
Basically, you will continue to receive temporary total disability benefits until the earliest of these events:
- Your doctor approves your return to work
- Your doctor says you can’t recover fully, even with further medical treatment (a stage commonly known as “maximum medical improvement” or MMI)
- You have reached the legal maximum amount or time for temporary disability benefits.
Under Section 440.14 of Florida Statutes, temporarily disabled workers may not receive TTD benefits for more than two years (104 weeks). However, this limit doesn’t apply to someone who hasn’t reached MMI and is still totally disabled. For such workers, the previous 260-week limit will apply.
Temporary Partial Disability Benefits in Florida Workers’ Comp (TPD)
Injured workers who return to work on a limited role, say to do light-duty work, but haven’t reached MMI and are earning less than their pre-injury weekly wages are in line for temporary partial disability benefits. These benefits are payable at 80% of the difference between the current wages and 80% of the pre-injury earnings. Suppose you were earning $500 a week and now earn $200. You would subtract $200 from 80% of 500 ($400) to get $200. The TPD benefits would then be 80% of $200, which is $160 per week.
Permanent Partial Disability Benefits in Florida Workers’ Comp (PPD)
If you have received treatment and attained MMI, or you have 6 weeks before your TTD benefits expire and haven’t reached MMI, your doctor will evaluate you to determine whether you have some loss of function or any other long-lasting problem due to your work-related injury (usually called an “impairment”).
Your doctor will then assign you an impairment rating, which will be used to calculate your PPD benefits and determine how long they will last in accordance with Florida law. Normally, these benefits will be 75% of your TTD rate up to a legal maximum. However, these benefits will be halved if you’re earning at least as much as you did pre-injury.
Permanent Total Disability Benefits in Florida Workers’ Comp (PTD)
If you can never return to work or work in any other industry, you are set to receive permanent total disability benefits or PTD. You start to receive these benefits after reaching MMI and your doctors determines that your injuries are so significant that you may never be able to return to work. These benefits are payable at 2/3 of your pre-injury wages and continue until you’re 75 years old (they can also be life-long if you don’t receive Social Security benefits).
How Are Workers’ Compensation Benefits in Spring Hill Calculated?
Each type of workers’ compensation benefit will be calculated differently, and each will be governed by a state maximum and minimum. The percentages and formulas for calculating workers’ comp benefits in Florida have been highlighted and explained above. It is also important that you speak to a workers’ comp lawyer to understand the benefits that accrue and how they will be calculated.
Are Spring Hill Workers’ Compensation Benefits Taxed?Normally, most of the workers’ compensation benefits are tax-free. However, if you are still earning by doing light-duty work, it is important that you discuss with your lawyer to find out if these earnings are subject to tax.
Call Our Workers’ Compensation Lawyers to Help You Receive Workers’ Compensation Benefits in Spring Hill
Depending on your injury and recovery process, you may be eligible for various types of workers’ compensation benefits. These benefits are meant to cover your medical expenses and indemnify you for lost wages. Discussing your case with an experienced workers’ compensation lawyer can help you determine the benefits that you may receive as well as the duration that these benefits will run.
If you have been injured while on the job in Spring Hill, Florida, you may be in line to receive various workers’ compensation benefits. Reach out to us today at the Workers’ Compensation Lawyer Coalition Florida to find out the benefits you are entitled to. Call us at (954) 448-7355 or fill our online form to schedule a free case evaluation with one of our Spring Hill workers’ compensation lawyers.