An unexpected injury can not only leave you with high medical bills, but it can also impact your ability to do your job and earn an income. In the event that you suffer a work-related injury in Sunrise, you may be entitled to various types of benefits under Florida’s Workers’ Compensation system. Workers’ compensation benefits in Sunrise are designed to provide medical benefits, disability benefits, vocational rehabilitation as well as death benefits should you lose your loved one as a result of a work-related injury.
While you may be entitled to receive these benefits, this is not always guaranteed. The legal process surrounding workers’ compensation claims is quite complex and claimants often face many hurdles and obstacles throughout the process including push back from their employers and insurers. This is why it is wise to hire an experienced Sunrise workers’ compensation attorney to assist you in filing your claim. Our workers’ compensation lawyers at Work Injury Rights will help determine whether you meet the criteria for benefits and fight hard to ensure that you are awarded all the benefits that you deserve.
Call us today at 954-833-5226 to learn more about your case and what kinds of benefits you may be entitled to.
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What Are the Florida Workers’ Compensation Income Limits?
Generally, workers’ compensation benefits in Sunrise are calculated on the basis of two-thirds of your average weekly wage. More specifically, two-thirds of the average weekly wage earned over the last 52 weeks preceding the date of the accident.
Regardless of the two-thirds rule, there is a limit as to how much you can receive in terms of income benefits in the state of Florida. The maximum amount an injured worker can be paid is set at 100% of the statewide average weekly wage. This means that as of now, the maximum weekly compensation rate is $1,011.
If two-thirds of your average weekly wage is an amount higher than $1,011, you will still receive $1,011 – the maximum amount currently allowed.
What Are the Types of Florida Workers’ Compensation Benefits?
There are four main types of disability benefits available under Florida Workers’ Comp. The type of benefits you can expect to receive will depend on your level of disability and how long the disability is expected to last. Disability under Florida workers’ comp is an employee’s incapacity to earn wages due to their work-related injuries or illness.
Temporary Total Disability Benefits (TTD)
These types of disability benefits are available to you if you can’t work in any capacity as a result of your injuries. Temporary total benefits only kick in if you stay out of work for a minimum of 7 days, also referred to as the waiting period. In case the disability persists for more than 21 subsequent days, you will also be entitled to receive benefits for the waiting period.
TTD benefits are determined as two-thirds the average weekly wage and are paid for a maximum of 104 weeks or up until the doctor determines that you can return to work. In case the doctor determines that you have reached maximum medical improvement the claim will be reclassified as a permanent injury claim.
Temporary Partial Disability Benefits (TPD)
You will be eligible for TPD benefits if the physician allows you to return to work but in a reduced capacity. This means working fewer hours or being assigned light-duty work. As a result, you can expect to see a reduction in pay.
TPD benefits are designed to help cover a portion of the difference between what you initially earned prior to the injury and what you are currently earning. TPB benefits are calculated as 80% of the difference between your current average weekly wage and 80% of your previous average weekly wage. TPD benefits are paid for a maximum of 104 weeks.
Permanent Partial Disability Benefits (PPD)
You qualify for PPD benefits if the physician determines that you have attained maximum medical improvement. This means that they don’t expect your condition to improve any further. In this case, you will be forced to work in a capacity that accommodates your disability, which also means lower pay than you used to earn.
After an evaluation, the physician will assign you an impairment rating which will be used in determining your PPD benefits. Your amount of benefits and the duration of payment will vary depending on your level of impairment.
Permanent Total Disability Benefits (PTD)
These benefits are awarded to employees who suffer injuries so severe that they cause the employee to permanently lose their ability to work. They are typically paid if you lose or lose the function of two or more major body parts.
For those who qualify, PTD benefits are paid until they reach the age of 75. These benefits are calculated on the same basis as temporary total disability benefits.
How Are Florida Workers’ Compensation Benefits Calculated?
Calculations for workers’ compensation benefits in Sunrise are primarily based on your average weekly wage (AWW). The general rule of thumb is two-thirds of your average weekly wage. To determine your AWW, you need to calculate your total earnings over the period of 52 weeks before the injury (including any bonuses and overtimes) and divide the total by 52.
If you have worked for less than a year, your AWW will be your total earnings divided by the number of weeks worked. If you’ve only worked for a significantly short period of time, your AWW will be calculated using the income of another similar employee.
If none of these methods are applicable, your AWW will be determined using the amount you would have been expected to earn had you not suffered the injury.
Are Florida Workers’ Compensation Benefits Taxed?
If you are seeking to bring forth a workers’ compensation claim, this is definitely one of the things you may want clarity on. The good news is that workers’ compensation benefits in Sunrise aren’t subject to state or federal taxes as they aren’t classified as income.
However, you should note that wages from your employer will still be taxed if you are working in a reduced capacity and receiving TTD or PTD benefits.
Contact Our Experienced Lawyers for Help with Workers’ Compensation Benefits in Sunrise
The state of Florida put in place workers’ compensation laws to help protect workers who are injured while on the job. However, accessing the benefits you are entitled to under the workers’ compensation system isn’t as straightforward as you might expect. One of the biggest problems that injured employees face is resistance from their employers and their insurance carriers. This is not to mention the strict rules and deadlines that you have to adhere to to ensure that you maintain your right to compensation.
Our experienced attorneys at Work Injury Rights will help you secure the best outcome in your workers’ compensation case by helping you file your claim and offering the best legal guidance throughout the process. We will fight hard for your rights to ensure that you are awarded the full benefits that you deserve. Call us today at 954-833-5226 to secure your rights to workers’ compensation benefits in Sunrise.