A work injury in Riverview, FL can cause serious disruptions to your life including your career, health, and finances. If you were injured in the course of carrying out your work duties, you might be eligible for worker’s compensation benefits. Our experienced Riverview, FL workers’ compensation benefits lawyers at WorkInjuryRights can help.
Call us today at 954-833-5226 for a free consultation and case evaluation.
Florida Workers’ Compensation Income Limits
The workers’ compensation benefits that you are eligible to receive in Florida depend on your average weekly wage (AWW) prior to the work-related injury. The maximum weekly compensation rate changes annually based on the statewide AWW.
The maximum weekly compensation rate as set by the Florida Department of Workers’ Compensation is $1,197 for injuries that occur on or after January 1, 2023. The minimum weekly compensation rate, on the other hand, is $20.
Types of Florida Workers’ Compensation Benefits
If the workplace or work-related injury or illness resulted in a disability that prevents you from working temporarily or permanently, you can qualify for wage compensation because of the disability. The amount of wage compensation you ultimately receive through workers’ compensation will depend on your type of disability.
Here are the different types of Florida workers’ compensation benefits:
Temporary Total Disability Benefits (TTD)
Temporary Total Disability benefits in Florida workers’ compensation are awarded when your workplace or work-related injury or illness prevents you from doing any type of work, but it isn’t permanent and recovery is expected.
Under Florida law, if you suffer a temporary total disability, you are eligible to collect two-thirds (66.67%) of your average weekly wages (AWW) prior to the injury for a period of up to 104 weeks. After this period, the benefits cease, and your injury may be termed permanent.
Temporary Partial Disability Benefits (TPD)
Temporary partial disability benefits in Florida workers’ compensation are awarded to injured workers that return to work in a restricted or limited capacity. The restrictions included, but aren’t limited to: pulling, pushing, climbing, crawling, lifting, squatting, taking breaks at will and more.
TPD benefits are usually paid if you are unable to earn at least 80 percent of your pre-injury AWW. In the case of TPD, compensation is usually equal to 80 percent of the difference between 80 percent of your AWW and what you earn after the injury.
Permanent Partial Disability Benefits (PPD)
Permanent partial disability benefits in Florida workers’ compensation are awarded once temporary benefits expire and you are still unable to perform work-related tasks. The benefits are paid biweekly at the rate of 75 percent of your average weekly temporary total disability benefit.
If you’re able to continue working, you will be assigned an impairment rating by your treating physician ranging from 1 to100 percent. It is used to determine the workers’ compensation benefits you are eligible to receive. If you earn the same or more than the pre-injury wages after returning to work, however, you will be entitled to only 50 percent of your weekly benefits.
Permanent Total Disability Benefits (PTD)
If you suffered injuries so severe that they rendered you permanently unable to return to work in any capacity, you might be eligible to receive permanent total disability benefits at the same rate as your TTD benefits (i.e., at least two-thirds or 66.67% of your AWW).
PTD benefits will continue until you are the age of 75 as long as you aren’t in a position to resume work or for the rest of your life if you don’t qualify for Social Security benefits. Keep in mind that some severe injuries such as a severe brain injury or an amputation of your arm or leg are automatically considered to cause permanent total disability.
Additional Workers’ Compensation Benefits
Florida workers’ compensation doesn’t just provide disability benefits. Here are other additional benefits offered to workers in Florida that are injured on the job:
- – Vocational Benefits: If you’re able to return to work but require a new job that requires education or training, these benefits may cover your costs.
- – Medical Benefits: All your medical expenses relating to your work-related injury are covered by workers’ compensation once approved by your doctor and employer’s insurance provider.
- – Death Benefits: If a work-related injury or illness results in a death, surviving family may be eligible to receive death benefits. Death benefits, however, cannot exceed two-thirds of the AWW.
How Are Florida Workers’ Compensation Benefits Calculated?
Florida workers’ compensation benefits are determined on the basis of the injured employee’s average weekly wage (AWW). The AWW is calculated by taking your pre-injury earnings over the 13 weeks immediately preceding the injury and dividing that amount by 13.
Any bonuses or overtime earned are also included in the compensation. If the employee hadn’t worked for their employer for 13 weeks before the injury, the AWW can be calculated on the basis of the number of weeks worked.
Workers’ compensation benefits in Florida are typically two-thirds (66.65%) of the AWW. Keep in mind that the workers’ compensations are capped at $1,197 for injuries that take place on or after January 1, 2023. In certain instances, such as when calculating PTD and TTD benefits, the severity of the injury is considered when determining benefits.
Are Florida Workers’ Compensation Benefits Taxed?
Injured workers in Florida are not required to pay income tax on workers’ compensation benefits. If you suffer a work-related injury and go back to work on limited or light duty, you can expect to pay taxes on the wages you earn while working. When it comes to a workers’ compensation settlement, there’s usually no tax withholdings taken from your settlement.
Contact Our Riverview, FL Workers’ Compensation Lawyers Today!
If you feel that you are not being provided with the Riverview, FL workers’ compensation benefits that you’re entitled to under the law, the experienced workers’ compensation lawyers at WorkInjuryRights can help. Call us today at 954-833-5226 to schedule a free, confidential, no-obligation consultation so that we can answer any questions you may have and address all your concerns.