Workers Compensation – Temporary disability benefits

In the state of Florida, an injured worker should be entitled to receive workers’ compensation benefits after any on-the-job injury. These benefits can include not just payment of medical care bills but also disability benefits.  

Florida Statute 440.15 explains the rules for compensation for disability caused by a work injury in Florida. According to the relevant statute, a worker who is temporarily totally disabled is generally entitled to receive 66.67 percent of his or her average weekly wages for disability benefits. These benefits typically can be paid for a maximum of 104 weeks, unless the worker falls within a statutory exception.  

After 104 weeks, or after the employee reaches maximum medical improvement (MMI), temporary disability benefits come to an end and the worker’s permanent impairment level is determined.

There are different rules applicable to temporary total disability for employees who have sustained certain type of injuries. For example, if an employee has lost a limb, a hand or a foot; has become paraplegic; or has lost vision in one or both eyes, the employee is entitled to temporary total disability of up to 80 percent of average weekly wages for up to six months following the accident.

Partial disability benefits are also available on a temporary basis, and compensation for temporary partial disability is equal to 80 percent of the difference between 80 percent of average weekly wage before and after injury.

An injured employee must follow proper procedures for notifying an employer of a work injury and making a workers’ comp claim in order to receive temporary disability benefits. A Florida work injury lawyer can provide assistance to employees in securing benefits for temporary and permanent disability.

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