Types of Benefits Available

Types of Lost Wages

TEMPORARY PARTIAL DISABILITY (“TPD”)

If your doctor places you on light-duty work restrictions and you are not able to earn at least 80% of your pre-injury wages as a direct result of your “light-duty” efforts, you may be entitled to receive as a benefit up to 64% of your pre-injury wages from the Workers Compensation insurance carrier. Entitlement to this type of lost wage benefit ends:

  • when you have received two years of payments; or
  • when you reach maximum medical improvement (MMI) from all treating physicians; or
  • when your been placed on full duty (no work restrictions) from all treating physicians.

Please see Florida Statutes, Section 440.15(4) for more information regarding your potential Temporary Partial Disability payment rights under Florida’s Worker’s Compensation laws.

TEMPORARY TOTAL DISABILITY (“TTD”)

If your doctor places you on a no-work status, you may be entitled to 66.67% of your pre-injury wages from the Workers Compensation insurance carrier. Entitlement to this type of lost wage benefit ends:

  • when you have received five years of payments; or
  • when you reach MMI from all treating physicians; or
  • when your been placed on light or full duty from all treating physicians.

Please see Florida Statutes, Section 440.15(2) for more information regarding your potential Temporary Total Disability payment rights under Florida’s Worker’s Compensation laws.

PERMANENT TOTAL DISABILITY (“PTD”)

If you have reached Maximum Medical Improvement (“MMI”) from all treating physicians, you may be entitled to receive as a benefit 66.67% of your pre-injury wages from the Worker’s Compensation carrier until the age 75. Entitlement to this type of lost wages is established if you have a catastrophic injury (example paralysis, amputation, blindness, etc…); or you are notable to engage in at least sedentary employment,within a 50-mile radius of your residence, due to your physical limitations.

Please see Florida Statutes Section 440.15(4) for more information regarding your potential Permanent Total Disability payment rights under Florida’s Worker’s Compensation laws.

IMPAIRMENT BENEFITS

If you reach Maximum Medical Improvement, or MMI, and your authorized physician(s) assign you an impairment rating, you may be entitled to impairment benefits from the Worker’s Compensation carrier as follows:

  • Two weeks of benefits are to be paid for each percentage point of impairment from 1% up to and including 10%.
  • For each percentage point of impairment from 11% up to and including 15%, 3 weeks of benefits are to be paid.
  • For each percentage point of impairment from 16% up to and including 20%, 4 weeks of benefits are to be paid.
  • For each percentage point of impairment from 21% and higher, 6 weeks of benefits are to be paid.

Impairment benefits are calculated as follows: Impairment income benefits are paid at the rate of 75% of your TTD rate (<<LINK>>) However, impairment benefits will be reduced by 50% for each week in which you have earned income equal to or in excess of your pre-injury wages.

Please see Florida Statutes Section 440.15(4) for more information regarding your potential Impairment Benefits under Florida’s Worker’s Compensation laws.

TYPES OF MEDICAL CARE

GENERAL

In general, the Worker’s Compensation insurance carrier will pay 100% of your medically necessary medical care that is causally related to your work-related accident, until you reach Maximum Medical Improvement (MMI), at which point, you will pay a $10 co-pay. Generally, the Worker’s Compensation carrier will pay for the initial hospital visit and then provide you with a primary care physician (“PCP”). The Worker’s Compensation carrier will also generally pay for any specialist(s) that the PCP refers you to.

ONE TIME CHANGE IN PHYSICIAN

Upon your written request, the Worker’s Compensation carrier must give you the opportunity for one change of physician during the course of treatment for your work-related accident. The Worker’s Compensation carrier will pay for the new physician.

Please see Florida Statutes, Section 440.13(2)(f) for more information regarding your potential rights and benefits under Florida’s Worker’s Compensation laws.

INDEPENDENT MEDICAL EXAMINATION (“IME”)

In addition, if there is any dispute concerning your medical benefits, compensability, or disability, you may select anindependent medical examiner. Generally, you (or your law firm) will pay for the independent medical exam (“IME”) physician. The IME physician is not authorized to treat you, but rather may provide an independent, expert medical opinion regarding your disability and/or your need for continued or future medical treatment as a result of your work-related injury.

Please see Florida Statutes, Section 440.13(5) for more information regarding your potential IME rights under Florida’s Worker’s Compensation laws.

ATTENDANT CARE

Attendant care means care that is rendered to you by trained professional attendants which is beyond the scope of household duties. Family members may provide nonprofessional attendant care, but will not be compensated for household duties and other services typically provided by family members on a gratuitous basis. The employer will pay for appropriate professional or nonprofessional attendant care performed only at the direction and control of a physician when such care is medically necessary.

Please see Florida Statutes, Section 440.13(2)(b) for more information regarding your potential attendant care rights under Florida’s Worker’s Compensation laws.

DEATH BENEFITS

If death results within 1 year from the date of the work-related accident, or death results following continuous disability within 5 years from the date of the work-related accident, the injured workers’ dependents may be entitled to funeral expenses of $7,500 and additional compensation of up to $150,000.

Please see Florida Statutes Section 440.16 for more information regarding your potential attendant death benefits and rights regarding the same under Florida’s Worker’s Compensation laws.