Workers’ Compensation Benefits in Miami

Types of Workers’ Compensation Benefits in Miami

A Quick Overview

If you’ve been hurt on the job in Miami, you might be wondering, “What kind of help can I actually get through workers’ comp?” The good news is, Florida’s workers’ compensation system offers medical care and four main types of wage-loss benefits. These are based on your Average Weekly Wage (AWW) and whether or not you’ve reached Maximum Medical Improvement (MMI):

• Temporary Total Disability (TTD)

• Temporary Partial Disability (TPD)

• Permanent Partial Disability (PPD) / Impairment Benefits

• Permanent Total Disability (PTD)

Not sure which benefit applies to your situation? That’s what we’re here for. Call us at 954-388-8616 for a free case evaluation.

Temporary Total Disability (TTD) Benefits

Who Qualifies

If your injury leaves you completely unable to work — maybe you’re recovering from surgery, a broken bone, or another serious condition — you may qualify for TTD.

How Long & How Much

• Benefits last up to 104 weeks, or until you reach MMI (whichever comes first).

• You’ll usually receive two-thirds of your AWW, capped by Florida’s maximum benefit rate.

• If you’re out of work for 21 days or more, you can also collect pay for the first 7 days you were out.

For Severe Injuries

Some catastrophic injuries, like the loss of a limb or loss of vision, may qualify you for up to 80% of your wages.

What to Watch Out For

Insurance companies often pressure injured workers to return too early or accept “light duty” before they’re ready. They may even push for a premature MMI ruling through an Independent Medical Examination (IME).

Tip: Keep good records — your medical notes, DWC-25 forms, and any restrictions your doctor gives you are your best defense.

Work Injury Rights® steps in when insurers try to cut benefits short. We fight premature MMI findings and make sure your TTD benefits are calculated fairly. Call 954-388-8616.

Temporary Partial Disability (TPD) Benefits

Who Qualifies

Sometimes you can return to work but not at full capacity — maybe fewer hours, lighter tasks, or reduced pay. That’s where TPD comes in.

When You’re Eligible

If you’re earning less than 80% of what you made before your injury, you may qualify.

Example of How It Works

• Pre-injury wages: $1,000/week

• 80% threshold: $800/week

• Current earnings: $700/week

• Difference: $100 → You’d receive 80% of that ($80/week) as TPD.

How Long

You can receive TPD for up to 104 weeks or until you hit MMI.

Extra Things to Know

• Always hang onto your pay stubs. Insurers often miscalculate when pay fluctuates or overtime is involved.

• If your employer can’t give you work within your restrictions, you may move back to TTD benefits.

Work Injury Rights® reviews your pay records and fights for every dollar you’re owed. Free review: 954-388-8616.

Permanent Partial Disability (PPD) / Impairment Benefits

When This Applies

If you’ve reached MMI but are left with a lasting impairment — maybe you can work, but not like before — you may qualify for impairment benefits.

How It’s Determined

Your doctor gives you an impairment rating (whole-body or specific body part) based on your permanent limitations. That rating drives how much and how long you’ll be paid.

Factors That Impact Your Benefits

• Your impairment percentage

• The type of impairment (whole-person vs. extremity)

• Your job duties, functional limits, and future earning capacity

Disputes We See All the Time

• Doctors giving ratings that are too low

• Conflicting opinions between your treating doctor and the insurer’s IME

• Outdated guidelines being applied

If your impairment rating doesn’t seem fair, Work Injury Rights® can push for a second opinion or an FCE. Call 954-388-8616.

Permanent Total Disability (PTD) Benefits

Who Qualifies

When an injury leaves you unable to return to any kind of gainful employment — not just your old job — you may qualify for PTD.

How Long & What You’ll Receive

• Benefits typically start after MMI and may last until age 75 or death.

• Payments are usually two-thirds of your AWW, subject to Florida’s maximum rates and offsets.

What Makes a Strong PTD Case

• Ongoing medical documentation of your permanent restrictions

• Vocational reports proving you can’t realistically find work

• Records of failed return-to-work attempts

 PTD claims are often denied at first. Work Injury Rights® builds the strong medical and vocational record you’ll need. Free strategy session: 954-388-8616.

Maximum Medical Improvement (MMI) — What You Need to Know

What MMI Really Means

Reaching MMI doesn’t mean you’re back to normal — it means your condition has stabilized and your doctor doesn’t expect further major improvement with treatment. You might still have pain or limitations, but you’re considered medically “as good as you’re going to get.”

Why MMI Is So Important

• It often marks the end of TTD or TPD benefits.

• Your doctor assigns your impairment rating at MMI, which affects what you’ll receive going forward.

• Many settlements happen after MMI, once your future medical and work ability are clearer.

Clearing Up Common Misunderstandings

• Myth: “MMI means I’m fully healed.”
  Truth: It just means you’re not expected to improve further.

• Myth: “I can’t get treatment after MMI.”
  Truth: You can still get maintenance care like meds or therapy.

• Myth: “I can’t challenge MMI.”
  Truth: You can, with second opinions or an IME.

How Insurers Use MMI Against You

Carriers sometimes try to push you into MMI early to stop paying benefits. That’s why it’s crucial to stay on top of your medical care and know your rights.

At Work Injury Rights®, we make sure MMI isn’t used to cut your case short. If your MMI date or rating doesn’t seem right, we’ll fight for a fair reassessment. Call 954-388-8616.

How Florida Calculates Your Benefits

Your Average Weekly Wage (AWW) is based on what you earned in the 13 weeks before your injury — including overtime and bonuses. Most wage-loss benefits pay about two-thirds of that amount, capped by Florida’s maximum benefit rate for your injury date.

Don’t rely on the insurance company’s math — they often underpay. Work Injury Rights® double-checks calculations and fights to correct underpayments. Call 954-388-8616.

Local Considerations in Miami

• You’ll need to treat with authorized providers only, though you may request a one-time physician change.

• Report your injury quickly — delays give employers and insurers reasons to deny claims.

• Miami’s common work injuries include construction accidents, hospitality lifting strains, transportation collisions, warehouse injuries, and healthcare exposures.

• If you settle your case, make sure future medical costs and potential Medicare/SSDI issues are carefully addressed.

From that first injury report through MMI and settlement, Work Injury Rights® has your back. Free consultation: 954-388-8616.

The Work Injury Rights® Promise —

Relentless advocacy for injured Miami workers. We handle the legal and insurance issues so you can heal, work safely, and move forward. No fee unless we recover. Call 954-388-8616.

“Clear communication, constant updates, and real results. Highly recommend.”

Workers’ Compensation Benefits FAQ

What are workers’ compensation benefits in Florida?

Workers’ compensation benefits in Florida are a set of wage replacement and medical benefits provided to employees who are injured on the job or develop a work-related illness. These benefits include full coverage for authorized medical treatment, prescriptions, rehabilitation, and mileage reimbursement, as well as wage-loss benefits such as Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Partial Disability (PPD), and Permanent Total Disability (PTD). In most cases, workers receive about two-thirds of their average weekly wage, subject to statewide maximum benefit rates set each year by the Florida Division of Workers’ Compensation.

How long can I receive workers’ comp benefits in Florida?

The length of time you can receive workers’ compensation benefits depends on the type of benefits you qualify for and your medical status. Temporary benefits, both TTD and TPD, can be paid for up to 104 weeks or until you reach Maximum Medical Improvement (MMI). Once you reach MMI, if you are left with a permanent impairment, you may be entitled to impairment income benefits (PPD) based on a physician’s rating. If your injuries are so severe that you cannot return to any type of employment, you may qualify for Permanent Total Disability (PTD) benefits, which may continue until you reach the age of 75 or for life in some cases.

What does Maximum Medical Improvement (MMI) mean?

Maximum Medical Improvement, often referred to as MMI, is the stage where your authorized treating physician determines that your condition has stabilized and no substantial improvement is expected with additional medical care. Reaching MMI does not mean you are fully healed or free of pain; it means that further recovery is unlikely. MMI is a critical point in your claim because it can end your entitlement to temporary benefits, trigger the assignment of a permanent impairment rating, and determine whether you may be eligible for permanent disability benefits or a settlement.

Are workers’ compensation benefits taxable in Florida?

In Florida, workers’ compensation benefits are generally not taxable at either the state or federal level, meaning injured workers usually keep the full amount of their checks. However, there are exceptions if you are also receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). In those situations, the Social Security Administration may apply an offset to prevent your combined benefits from exceeding 80 percent of your average current earnings, and this offset can make part of your workers’ compensation benefits taxable. For most workers, though, benefits remain completely tax-free.

Can I receive both workers’ comp and Social Security Disability at the same time?

Yes, you can receive both workers’ compensation benefits and Social Security Disability Insurance (SSDI) at the same time, but your benefits may be reduced. Federal law limits the total amount you can receive from both programs combined, generally to no more than 80 percent of your pre-disability income. If your combined workers’ comp and SSDI benefits exceed that threshold, the SSA will reduce your SSDI benefits through what is called the workers’ compensation offset. This does not reduce your gross workers’ comp payment, but it can affect your overall income and, in some cases, create a limited tax obligation.

Who pays for workers’ compensation benefits in Florida?

Workers’ compensation benefits in Florida are paid by your employer’s workers’ compensation insurance carrier, not directly by your employer in most cases. Employers are legally required to carry workers’ comp insurance if they meet certain employee thresholds, and their insurance carrier is responsible for covering authorized medical treatment, lost wages, and disability benefits. The insurer, however, has a financial incentive to minimize payouts, which is why many workers find it helpful to work with a lawyer who can ensure the insurance company pays what is owed under Florida law.

How are workers’ compensation benefits calculated in Florida?

Workers’ compensation wage-loss benefits in Florida are calculated using the injured employee’s Average Weekly Wage (AWW), which is based on the 13 weeks of earnings before the injury, including overtime and bonuses. Most benefits pay approximately 66 2/3 percent of that amount, subject to statutory maximums. For injuries occurring after January 1, 2022, the maximum weekly rate is $1,099. The calculation changes depending on whether you are receiving TTD, TPD, PPD, or PTD benefits, and certain offsets, such as unemployment or Social Security, may apply. Errors in AWW calculation are common and can lead to underpayment if not challenged.

What types of injuries are covered by workers’ comp in Florida?

Workers’ compensation in Florida covers any injury or illness that arises out of and in the course of employment. This includes sudden accidents such as falls, machinery injuries, or vehicle collisions; repetitive strain injuries like carpal tunnel syndrome; and occupational illnesses caused by exposure to harmful substances. Psychological injuries may also be covered if they result directly from a physical workplace injury. As long as the injury is work-related and properly reported, it may qualify for benefits under Florida’s workers’ comp system.

Can I choose my own doctor for workers’ comp treatment?

In Florida, you generally cannot choose your own doctor for workers’ compensation treatment. Instead, the insurance carrier selects and authorizes the medical providers you must see. There is an option to request a one-time change of physician, but the insurer still controls who the new doctor is. Unauthorized medical treatment is usually not covered by workers’ comp, which makes it very important to understand your rights and limitations when it comes to medical care.

Do I need a lawyer for a workers’ compensation claim in Florida?

While it is not required to hire a lawyer for a workers’ compensation claim, having legal representation can make a significant difference in the outcome. Employers and insurers often delay, deny, or undervalue claims, and the process is filled with strict deadlines, medical evaluations, and legal terminology. An experienced Miami workers’ compensation attorney can make sure your claim is filed correctly, fight for accurate benefit calculations, challenge premature MMI findings, and pursue permanent or settlement benefits when appropriate. Many lawyers, including Work Injury Rights®, offer free consultations and only get paid if they secure benefits for you.