- Workers' Compensation
The law in Florida requires most employers to provide employees who are injured at work with workers compensation benefits. Florida’s no-fault system benefits employees, but it’s still complex and can prove rather challenging to recover full compensation for your losses.
If you have been injured at work, it can be in your best interests to contact a reputable workers compensation lawyer. The St. Petersburg workers compensation lawyers at WorkInjuryRights have the knowledge and resources required to help you build the strongest case possible.
Call us today at [Phone] to schedule a free, no-obligation consultation with our St. Petersburg legal team!
Florida Workers Compensation Income Limits
Florida does not have any income limits when it comes to workers compensation benefits. Keep in mind, however, that there are certain maximum compensation rates that may apply to the calculation of workers compensation benefits.
The maximum compensation rate for workplace and work-related injuries and illnesses that occur on or after January 1, 2023 is $1,197 per week. The rates are subject to change each year and further limitations may exist depending on whether you are entitled to temporary or permanent disability benefits.
Types of Florida Workers Compensation Benefits
If your injury leaves you unable to work in Florida, you can receive various types of lost wages benefits. There are generally 4 types of workers compensation benefits for employees that either suffer on-the-job injuries or are diagnosed with work-related illnesses in Florida:
Temporary Total Disability (TTD) Benefits in Florida Workers Compensation
Temporary total disability (TTD), as the name might suggest, is when the injury suffered prevents you from doing any type of work, but recovery is expected. Your TTD benefits will end once you reach maximum medical improvement (MMI).
In Florida, you can be eligible to receive TTD benefits that are equal to 66 2/3% of your average weekly wage (AWW) prior to the injury. However, some types of severe injuries can also entitle you up to 80 percent of your AWW for up to 6 months after the accident.
Temporary Partial Disability (TPD) Benefits in Florida Workers Compensation
Temporary partial disability (TPD) benefits are typically offered by your employer if you are unable to perform your regular job but can perform job-related tasks, but at a lower pay rate. TPD benefits are essentially aimed at compensating you for the reduced pay.
To qualify for TPD benefits, you must not be earning more than 80 percent of your pre-injury income. TPD benefits are 80 percent of the difference between 80 percent of the pre-injury AWW and the amount you’re currently earning.
Permanent Partial Disability (PPD) Benefits in Florida Workers Compensation
A permanent partial disability (PPD) is an injury that results in impairment, but doesn’t prevent you from returning to work. Your treating physician will evaluate your condition once you reach MMI to determine whether you have suffered an impairment.
If you have suffered an impairment, but are still able to continue working or secure other employment, you will be awarded PPD benefits. Your treating physician will assign you a disability rating that will be used for calculating your benefits.
Permanent Total Benefits (PTD) Benefits in Florida Workers Compensation
You will qualify for permanent total disability (PTD) benefits if your injuries are so severe that you’re left permanently unable to work. However, you will only start to receive PTD benefits after reaching MMI. You will continue receiving these benefits once awarded either until you reach the age of 75 or you die.
The amount of PTD benefits will primarily depend on the impairment rating assigned by your treating physician. To get an idea of how much you are likely to get, you can use the Florida Division of Workers Compensation impairment benefit calculator.
How Are Florida Workers Compensation Benefits Calculated?
Workers compensation benefits in Florida are calculated on the basis of several factors, which include the severity of the injury and the average weekly wage (AWW) of the employee. The following is a general overview of how workers compensation benefits are calculated in the state of Florida:
Calculating the AWW
To calculate the employee’s AWW, his or her gross earnings for the 13-weeks prior to sustaining the injury are added together and divided by 13. In case the employee has not worked for the entire 13-weeks, the AWW will be calculated on the basis of the number of weeks worked.
Determining the Compensation Rate
In Florida, the compensation rate is usually 66.67 percent of the AWW of the employee at the time of injury. However, it can be subject to certain maximum limits. As of 1 January, 2023, the maximum weekly compensation is $1,197.
Calculating the Benefits
The benefits that the employee ultimately receives will depend on the severity of his/her injury and whether it is permanent or temporary. The benefits, however, are generally calculated as a percentage of the compensation rate.
Always remember that other factors may affect how workers compensation benefits are calculated in Florida. If you have any questions regarding your specific situation, it can be a good idea to consult the experienced St. Petersburg, FL workers compensation lawyers at WorkInjuryRights.
Are Florida Workers Compensation Benefits Taxed?
Florida workers compensation benefits are not taxable at either the federal or state level. So, if you receive workers compensation benefits in the state of Florida, you can generally expect not to pay any state or federal taxes on those benefits.
Keep in mind, however, that there could be some exceptions to these rules, which is why you should consult our workers compensation lawyers at WorkInjuryRights or a seasoned tax professional to help you make that determination.
Did You Suffer a Workplace or Work-Related Injury or Illness in St. Petersburg, FL? Let Us Help You!
Our experienced workers compensation attorneys have an excellent track record when it comes to fighting for the rights of injured employees in St. Petersburg FL. At WorkInjuryRights, we bring our many years of legal experience to promote your workers compensation claim.
If you hire us, you can expect assertive representation, effective legal strategies, and a results-driven approach. To schedule a free, no-obligation consultation with our workers compensation lawyers to discuss your case, call us at [Phone] today!
