Workers’ Compensation and Lost Wage Replacement in Florida
In the wake of a disabling job-related injury or illness, the combination of medical bills and everyday bills is financially crippling in most cases. In Florida, a workers’ compensation insurance company must pay all reasonably necessary medical bills. This benefit, while important, only solves half this problem.
As unpaid bills mount, financial stress mounts as well. Additionally, these families must postpone vacations or other purchases that have been circled on their calendars for months or even years.
Lost wage replacement benefits reduce this financial stress and provide distressed families with a vital income stream. These two things help disabled workers get back on the job faster, which is what everyone wants in the end. But insurance companies do not hand out these benefits like candy on Halloween. Instead, a Tampa workers’ compensation lawyer must advocate for these benefits throughout the entire workers’ compensation process.
Nuts and Bolts
Workers’ compensation lost wage benefits (indemnity benefits in Florida) are available when an authorized physician determines that an injured worker cannot perform regular job duties or any work at all. These benefits do not typically begin immediately. A seven-day waiting period applies before wage replacement payments start. However, if the disability lasts more than 21 days, the worker receives back pay for those initial seven days as well.
The worker’s average weekly wage (AWW) usually determines the amount of benefits. In most cases, employees receive about two-thirds of regular weekly earnings, subject to a statewide maximum limit. This cap is adjusted annually, so the exact amount may vary depending on the year of injury. While this amount does not fully replace a worker’s income, it provides critical financial assistance during recovery. Additionally, a Tampa workers’ compensation lawyer doesn’t have to prove fault or negligence.
Several types of lost wage benefits are available under the Florida workers’ compensation system:
- Temporary Total Disability (TTD): TTD benefits apply when the injured worker is completely unable to work for a temporary period. These benefits continue until the worker can return to work or reach maximum medical improvement (MMI), or “you’re as good as you’re going to get.”
- Temporary Partial Disability (TPD): If the worker can return to work in a limited capacity, such as light-duty or part-time, and earns less than 80 percent of pre-injury wages, TPD benefits may be available. These payments help make up a portion of the difference between pre-injury and post-injury earnings.
- Impairment Income Benefits (IIB): Once a worker reaches MMI, a doctor may assign an impairment rating. If the rating is greater than zero, the worker may be eligible for IIB payments. These benefits are based on the severity of the impairment and payable for a specific number of weeks.
- Permanent Total Disability (PTD): If the worker is permanently unable to engage in any gainful employment, PTD benefits may be awarded. These benefits can continue until the worker reaches a certain age or for life, depending on the circumstances.
Employees must report their injury promptly, typically within 30 days, to be eligible for benefits. Failure to report on time could result in a denial of the claim. Additionally, workers must follow the treatment plan provided by the authorized physician and comply with any work restrictions.
Common Issues
“No Fault” does not mean “No Problem.” Eligibility, benefit amounts, and/or duration are the most common lost wage replacement disputes.
If a pre-existing or non-work condition contributed to the risk and/or severity of a job-related illness or injury, insurance company lawyers usually claim the victim isn’t eligible for benefits. Additionally, adjusters often “accidentally” miscalculate the AWW, omitting items such as irregular or non-cash compensation. The duration of benefits is an issue in states like Florida that require victims to see company doctors.
A Tampa workers’ compensation lawyer overcomes these objections to obtain the financial benefits these victims need and deserve.
Connect With a Thorough Hillsborough County Attorney
Disability victims need and deserve substantial compensation. For a confidential consultation with an experienced workers’ compensation lawyer in Tampa, contact Kobal Law. The sooner you reach out to us, the sooner we start working for you.
Source:
myfloridacfo.com/division/wc/employee/benefits-available-to-injured-workers
