All states require businesses to have a workers’ compensation insurance policy. However, you should note that every state has its own rules and regulations regarding workers’ comp. In other words, workers’ compensation insurance is a state-regulated insurance policy, which means it differs from one state to another. Under Florida law, employees can only receive workers’ compensation benefits in Tampa if they have incurred work-related injuries or illnesses.
Unfortunately, just like anything else associated with an insurance policy or cover, the insurance carriers are always looking for new loopholes they can use to either deny or pay as low as possible. We can help you get your deserved workers’ compensation benefits.
Our team of experienced Tampa workers’ comp lawyers works on various workplace-related injuries, even those sustained through workplace violence. The moment we begin working on your workers’ compensation claim in Tampa, the insurance carrier and employer will no longer ignore you. Do not forget, your employer and the insurance carrier have lawyers; why not you?
Give our team a try by calling us at 954-833-5226. You will not pay anything because we offer free initial consultation services. Furthermore, we work on a contingency basis.
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What Are the Florida Workers’ Compensation Income Limits?
In the state of Florida, temporary disability is awarded immediately when a worker gets injured. However, the worker will not receive an income limit for the first seven days; unless their injuries keep them away from work for more than 21 days. The legal maximum for temporary disability is $971 per week. However, you should note that some injuries carry a higher rate of 80% from the worker’s pre-injury wages within the first six months.
Permanent impairment benefits carry the same legal maximum, but the calculation will be based on 75% of your temporary disability rate. Permanent total disability carries the same maximum legal limit as temporary disability benefit ($971) but is payable until a person is 75 years old (if you qualify for social security benefit) or a lifetime if you do not qualify for social security benefit.
What Are the Types of Workers’ Compensation Benefits in Florida?
You qualify to receive workers’ compensation benefits in Tampa, Florida if you get injured while at work or while accomplishing work-related duties. It does not matter if the injuries are temporary or permanent; as long as all workers’ compensation parameters/rules/guidelines have been met, you will qualify for workers’ comp. The amount you will get in workers’ compensation will depend on the type of disability. Below is a list of the available types of workers’ compensation benefits in Tampa:
Temporary Total Disability (TTD)
This benefit type is awarded when a worker cannot work due to an injury. The compensation totaling amounts to 2/3 of a worker’s weekly wages.
Temporary Partial Disability (TPD)
This type of benefit is awarded to a worker who can return to work with restrictions (limited movement, limited hours, etc.) or at a lower-paying position than before.
Permanent Partial Disability (PPD)
You may be awarded this benefit if your injuries are not expected to improve further. The legal term used in workers’ comp is Maximum medical improvement. The treating physician is the only one who can legally declare Maximum Medical Improvement, and this will be based on their professional observation.
Permanent Total Disability (PTD)
If your injuries prevent you from working and you have reached maximum medical improvement (MMI), you may qualify for PTD according to Florida workers’ compensation laws.
According to Florida’s workers’ compensation laws, if an injured worker loses their life within one year of the accident or five years after the disability, their family may receive workers’ compensation and the death benefits that cover all funeral expenses, educational benefits, and compensation allowance for dependents. On the other hand, if a worker dies and does not have dependents, the benefits family members will get going to be limited to burial and funeral expenses.
How Are Workers’ Comp Benefits Calculated in Florida?
Workers’ compensation benefits in Tampa, Florida, are calculated by first calculating the average weekly wages for the past 13 weeks before the injury. The total average amount is then multiplied by two-thirds. What does this mean? It means that the amount an injured person will get amounts to 2/3 of their average weekly income.
However, it is important to note that the legal maximum amount you will receive for a temporary disability benefit is $971 per week. On the other hand, it comes with a grace period of one week (7 days). However, you may receive the 7-day weekly payment if your injuries exceed 21 days. When it comes to serious injuries, the benefit amount may increase up to 80% of your average weekly income before the work-related injury.
According to the state workers’ compensation regulations, you cannot receive the benefit for more than two years unless you are still recuperating and have not yet reached maximum medical improvement. You may receive partial disability benefit if you cannot perform at your level best while at work.
Are Workers’ Compensation Benefits in Tampa, Florida Taxed?
The short and direct answer is NO! Any benefit awarded to an injured employee or worker through workers’ compensation insurance is not taxable at federal or state levels. For this reason, they are exempted from tax.
Call Us Today for a Free Legal Consultation
With a combined experience of 45 years, we have become masters of workers’ comp benefits in Florida. In fact, some of our lawyers were representing insurance companies in workers’ compensation claims several years back. For this reason, we know all the tactics and the mindset insurance companies have when it comes to these cases. The only way to mitigate a lot of the problems that come with filing a workers’ compensation, you need the services of a professional lawyer.
We are prepared to offer our services. At Work Injury Rights, we value our clients and work hard to protect our client’s legal rights. Call us today for a free non-obligational consultation. Furthermore, we work on a contingency basis, which means we do not get paid if we do not win the claim for you. Call us through 954-833-5226.