Most employees in the state of Florida are covered by some form of workers’ compensation insurance.
What varies is the type of benefits they will receive and the duration of those benefits. Those values can only be determined after the person has been injured and will vary according to their average weekly wage.
For more information on workers’ compensation benefits in The Villages, FL contact one of our workers’ compensation lawyers nearby today.
Our legal team has helped countless clients get the compensation they deserve on an ongoing basis. We fight for our clients even when claims are denied and insurance providers are reluctant to make payments.
We understand Florida’s workers’ compensation law and what it takes to make a successful case. If you need help with your workers’ comp benefits, then call us immediately at 954-448-7355 for assistance.
What Are the Florida Workers’ Compensation Income Limits?
The maximum weekly limit for workers’ compensation benefits is determined on an annual basis each November. It is calculated according to the state average weekly wage.
Your compensation income limit is determined by the year in which you were injured. For 2021, the weekly compensation income limit is $1,011.
Temporary Total Disability Benefits in FL Workers’ Comp (TTD)
TTD benefits are a form of indemnity benefits intended for employees who are unable to return to work because of their injury. They are temporary and will come to an end after meeting specific criteria. That includes:
- A total of 104 weeks has passed since the employee began receiving benefits
- The employee receives a Maximum Medical Improvement(MMI) diagnosis from their physician
- The employee recovers from the disability and is able to return to work in some capacity
As the name implies, these benefits represent a total inability to work. This is not a judgment that the employee or employer makes. Instead, qualification for TTD benefits relies on a diagnosis from the treating physician.
They will provide the employee with a “no work” order or some other form of documentation that can then be provided to the employer.
An employee who receives a TTD diagnosis will not receive indemnity benefits for the first seven days of the disability period. However, if the period lasts for more than 21 days, they will receive back pay to cover that initial week of missed benefits.
The standard compensation amount for these benefits is 66.67 percent of your average weekly income. That percentage may be raised as high as 80 percent for very severe injuries, such as limb amputation or total blindness.
Temporary Partial Disability Benefits in FL Workers’ Comp (TPD)
It is possible to receive a temporary disability diagnosis but still be capable of returning to work with restrictions. Your doctor may restrict the number of hours you are able to work or limit the types of tasks you can perform.
If these restrictions limit your income to less than 80 percent of your average weekly wage, then you will be able to qualify for TPD benefits.
TPD benefits follow some of the same restrictions as TTD benefits in regard to the deadline and MMI diagnosis. The benefits will also come to an end if your at-work income exceeds 80 percent of your pre-injury income.
TPD restrictions that prevent returning to work must be supplied by the approved physician. They are very common in all forms of disability, which makes this one of the most common types of Florida disability benefits.
Permanent Partial Disability Benefits in FL Workers’ Comp (PPD)
PPD often represents the next step in the process for severe workplace injuries. PPD benefits are paid to employees who are able to return to work but who will have permanent work restrictions.
These benefits are often referred to as Impairment Income Benefits (IIB).
PPD benefits do not begin until the employee has received an MMI diagnosis from their physician. This diagnosis indicates that they have recovered as much as possible from their treatment.
It does not mean they are completely healed, but rather that any lingering conditions will likely remain for life. The next step after reaching a level of MMI is to receive a permanent impairment rating from the physician.
The impairment rating will play a role in determining what work activities the employee is limited to. The rating is also used when calculating the PPD benefits amount.
Any rating that is greater than 0 percent will be compensated by workers’ compensation insurance as long as the employee is making less than 80 percent of their pre-injury income.
Permanent Total Disability Benefits in FL Workers’ Comp (PTD)
The most severe injuries may result in a permanent total disability that prevents the employee from ever returning to work. These benefits will remain active until that person reaches the age of 75.
These benefits provide an amount of compensation similar to TTD but on an ongoing basis.
It is often very difficult to receive these benefits even if the person is suffering from a severely limiting disability.
In Florida, a person receiving these benefits must be unable to gain employment within a radius of fifty miles. This can include sedentary work.
In a large city with plenty of desk jobs, a person may be able to find employment that fits within their restrictions, thus making them ineligible to receive PTD benefits.
How Are Florida Workers’ Compensation Benefits Calculated?
Weekly benefits are calculated according to your average weekly wage for a period of 13 weeks prior to your injury. For total disability benefits, you are paid an amount of 66.67 percent of that wage.
For partial benefits, the amount you are paid is determined based on your current at-work income compared to your pre-injury wage.
TPD benefits are calculated at 80 percent of the difference between your current at-work income and your income limit. Your income limit is equal to 80 percent of your pre-injury weekly income.
Are Florida Workers Compensation Benefits Taxed?
They are not. Workers’ compensation benefits are not considered a taxable income in Florida. There are no withholdings, such as medical or retirement fees. This also applies to workers’ compensation settlements.
Contact Us Today For Help Claiming Your Workers’ Compensation Benefits
Whether permanent or temporary, total or partial, living with a disability will present you with plenty of obstacles. Don’t let confusing legal terms or greedy insurance companies be one of those obstacles.
Florida Lawyers 360 is here to help so that you can focus on what is important. Call us today at 954-448-7355 if you require any further assistance with your Florida workers’ compensation claim.
