- Workers' Compensation
While most people don’t expect to sustain injuries while at work, it is one of those situations that all working Floridians should prepare for. Fortunately, employees can take advantage of workers compensation that will cover a percentage of the wages they lose caused by a work-related illness or injury.
To find out about the different types of Spring Hill, Florida Workers compensation benefits, and how they are calculated, call us at 954-833-5226. Contact an experienced law firm such as Work Injury Rights to help you ensure you receive the compensation you rightly deserve.
Florida Workers Compensation Income Limits
According to Florida statute 440.12 (2), the maximum compensation rate that could be awarded weekly to an employee that is injured due to a work-related injury currently sits at 100% of the “average weekly wage” in Florida (rounded off to the nearest dollar).
Types Of Florida Workers Compensation Benefits
In the state of Florida, there are various workers compensation benefit types which will depend on how severe the injury is and how long the employee is unable to return to work. The employee will need to file what is known as a “workers compensation claim” in order to receive these benefits.
Temporary Total Disability Benefits In Florida
This is a disability type that will apply when a worker is unable to return to their workplace due to their injuries. Over this time that the employee is on temporary total disability, they should be receiving compensation that totals two-thirds of their regular wages.
Temporary Partial Disability Benefits In Florida
This disability benefit applies when an employee returns to work, but there are restrictions involved such as limited movement, limited hours, or limits to the work type they can perform. If the employee is not able to earn a minimum of 80% of what they used to earn, they will then become eligible for a temporary partial disability benefit.
How Is This Benefit Calculated?
Two-thirds of the employee’s average weekly pay (gross) for 13 weeks of their earnings prior to the injury will be used. In the state of Florida, the highest amount for a temporary disability benefit is $971 (a week).
Here are a few other things that employees should be aware of when it comes to temporary disability benefits:
- The maximum time frame for receiving these benefits will not exceed two years (unless the employee is still disabled after the two-year time frame, but not at maximum medical improvement).
- If the employee returns to work and they are not able to perform 100% of their duties, they can carry on receiving partial disability benefits.
Permanent Partial Disability Benefits In Florida
If an employee sustains an injury classified as severe, and it is expected that their medical condition won’t improve, they may be eligible for compensation according to their impairment. This will require a physician in their “qualified professional opinion” to state that the employee has reached “maximum medical improvement”.
The employee will then receive an “impairment rating” that rates their disability, and they might be placed on a “permanent work restriction”. The employee’s wage compensation is worked out according to their specific condition and impairment rating.
Permanent Total Disability Benefits In Florida
If an employee experiences a work-related illness or accident that is serious enough that they are never able to return to work, and a doctor has stated that they have reached their “maximum medical improvement”, they might be eligible for a permanent total disability benefit in Florida.
How Are Permanent Total Disability Benefits Calculated?
These payments are the same as the temporary disability rate (two-thirds of the employee’s average weekly pay), but it will also include an annual COLA (Cost of Living Adjustment) until they turn 62, if they also qualify for receiving social security retirement benefits.
Other Workers Compensation Benefits
The state of Florida also offers added benefits for any worker that is injured during working hours:
Vocational Benefits
If an employee is able to go back to their job but they will be taking on a new job that will require education or training, vocational benefits might cover these costs.
Medical Benefits
Once approved by the employee’s insurance and doctor, all their medical expenses should be covered under workers compensation. This will include the costs involved to pick up prescriptions and having to travel to appointments.
Death Benefits
In an unfortunate circumstance where a work-related illness or injury has resulted in death, a death benefit might be left to a surviving spouse, children, or other relatives. This benefit will not go over two-thirds of the deceased employee’s “average” weekly pay.
How Are The State Of Florida’s Workers Compensation Benefits Calculated?
The “compensation rate” is one of the terms that is used in Florida Workers compensation that refers to an amount in dollars of periodic paid benefits over the time frame where the ill or injured employee is on what is known as a “no work” status.
These are benefits that are either PTD (Permanent Total Disability) or TTD (Temporary Total Disability) benefits. These amounts are calculated at 66% of the AWW (Average Weekly Wage). The AWW or Average Weekly Wage is calculated using a few different types of methods.
The more popular method involves taking an “arithmetic average” of the employee’s gross earnings 13 weeks before the illness or accident. However, in certain instances, it becomes more unbiased to refer to wage records of similar employers or refer to the original hiring contract.
Are Florida Workers Compensation Benefits Taxed?
In the state of Florida, workers compensation benefits will not be taxed, since the state of Florida doesn’t have state income tax.
Contact A Spring Hill, Florida Workers Compensation Benefits Attorney Today
In Florida, there are various types of Spring Hill, Florida workers compensation benefits that offer workers the opportunity to be compensated fairly and justly should they experience a workplace illness or accident. Contact Work Injury Rights at [Phone] as soon as possible so that we can help you understand how to pursue the correct workers compensation benefits.
