Florida Workers’ Compensation Benefits in Miami — Work Injury Rights®
Injured on the job in Miami? Every seven seconds, a U.S. worker is hurt at work. A workplace accident or occupational disease can disrupt your health, income, career, and well-being. Work Injury Rights® is here to help you navigate Florida workers’ compensation and pursue the full benefits you’re owed—so you can heal and get back to work.
Free case review: Call 954-388-8616 or use our secure online form to schedule your free consultation with a Miami workers’ compensation lawyer today.
Work Injury Rights® is built on the experience of attorneys David Benn, Stacey Isaacs, and William Haro, who have decades of combined practice in Florida workers’ compensation law. Our team has secured multi-million-dollar results, including a $3.3 million settlement for a catastrophic injury, a $750,000 settlement for a construction worker, and a $425,000 recovery for a healthcare employee. Clients consistently praise us for being professional, compassionate, and aggressive when it comes to standing up to insurance companies.
“They treated me like family and fought for me when I felt powerless.”
Understanding Florida Workers’ Compensation
What Is Workers’ Comp in Florida?
Florida’s workers’ compensation system in Miami provides medical care and wage-loss benefits for employees injured in the course and scope of employment—whether from a single accident, repetitive trauma, or occupational exposure/illness.
Why Choose Work Injury Rights®?
Miami-focused team: Local knowledge of Florida Statutes Ch. 440, South Florida employers, and carriers
Maximizing benefits: We push for proper Average Weekly Wage (AWW) calculations, correct Maximum Medical Improvement (MMI) assessments, and accurate impairment ratings
No upfront fees: Free consultation; you pay nothing unless we recover for you
“From the first phone call, I felt like I finally had someone on my side.”
Florida Worker’s Compensation Income Limits
As per Florida statute 440.12 (2), the maximum weekly compensation rate that can be awarded to an injured employee for work-related injuries sits at 100% of the average weekly wage in Florida which has to be rounded to the nearest dollar. It is calculated by the Department of Economic Opportunity. As per the information bulletin issued by the Florida Department of Financial Services – Division of Workers’ Compensation, the maximum weekly compensation rate for work-related injuries after January 1, 2022 is set at $1099.
Keep in mind that the maximum composition rate depends on the date of injury and not when the claim is filed. For instance, the maximum composition rate applicable for injuries occurring after January 1, 2021, is set at $1011. Typically, a worker is awarded two-thirds of their average weekly wage as Workers’ Compensation and it is also subject to offsets from Social Security and unemployment insurance.
Statewide Maximum Weekly Compensation
Under Fla. Stat. § 440.12(2), the maximum weekly compensation rate (WCR) equals 100% of Florida’s average weekly wage, rounded to the nearest dollar and set by the state each year.
Injury date controls the applicable maximum—not the filing date.
For injuries on/after January 1, 2022: $1,099/week
For injuries on/after January 1, 2021: $1,011/week
Note: Most wage-loss benefits pay two-thirds (66 2/3%) of AWW, subject to statutory caps and possible offsets (e.g., Social Security, unemployment).
Unsure which cap applies to your accident date? Work Injury Rights® will verify your correct WCR and AWW. Call 954-388-8616.
Types of Workers’ Compensation Benefits in Miami
A Quick Overview
If you’ve been hurt on the job inMiami, 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.
Are Florida Workers’ Compensation Benefits Taxed?
If you’re receiving workers’ compensation benefits, you may be worried about whether the IRS or the state of Florida will take a piece of your check. Here’s the reassuring news: in most cases, your workers’ comp benefits are tax-free.
The General Rule: Workers’ Comp Is Not Taxable
Under both Florida law and federal tax rules, workers’ compensation payments are usually exempt from income tax. This means:
No state income tax (Florida doesn’t tax personal income anyway).
No federal tax on the weekly checks or medical benefits you receive.
So for most injured employees in Miami and across Florida, the amount you receive is yours to keep.
The Key Exception: When Social Security Is Involved
Things change if you’re also getting Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
Here’s why:
The Social Security Administration uses what’s called the “workers’ compensation offset.”
This offset prevents your combined benefits (workers’ comp + SSDI/SSI) from exceeding a certain percentage of your pre-disability income (usually 80% of your average current earnings).
To make the math work, part of your workers’ comp check may be considered taxable.
Example Scenario 1: No Taxation
You’re receiving $900/week in workers’ comp.
You’re not collecting Social Security benefits.
Result: Your benefits are tax-free at both the state and federal level.
Example Scenario 2: With SSDI Offset
You’re approved for $1,200/month in SSDI.
You’re also receiving $800/week in workers’ comp.
Combined, that amount may exceed the allowable 80% of your pre-injury income.
The SSA reduces (offsets) your SSDI payment, and the portion of your workers’ comp that “replaces” SSDI may become taxable income.
Example Scenario 3: Structured Settlement to Avoid Tax Issues
In some cases, an attorney may negotiate a lump-sum settlement or structure the payout in a way that minimizes the offset. This doesn’t eliminate taxes entirely but can reduce how much of your workers’ comp is taxable when combined with SSDI.
The Bottom Line
Most Florida workers will never pay taxes on workers’ comp benefits.
If you are also receiving SSDI or SSI, part of your workers’ comp may be taxable due to the offset.
A lawyer can help you structure settlements or benefits in a way that protects as much of your income as possible.
Work Injury Rights® not only helps you fight for the maximum benefits you deserve, but also makes sure you understand the financial impact of how those benefits are paid. If you’re unsure whether your workers’ comp might be taxed — or if you’re considering a settlement — call us at 954-388-8616 today for a free case review.
“I was lost in the system until they stepped in — now I can focus on healing.”
FAQs About Workers’ Compensation and Taxes in Florida
Do I need to report workers’ comp benefits to the IRS?
In most cases, no. Since workers’ compensation benefits are tax-exempt, you don’t need to include them as income on your federal tax return — unless you’re also receiving SSDI or SSI and your benefits are being offset.
How do I know if my workers’ comp is being offset?
You’ll usually receive a notice from the Social Security Administration explaining the offset. If you’re unsure, an attorney can review your award letter and benefit breakdown.
Are my medical benefits taxable?
No. Payments made directly to cover your medical treatment, prescriptions, and rehabilitation are never taxed.
What about settlements — are they taxable?
Most workers’ compensation settlements are not taxable. However, if you’re receiving SSDI or SSI, the way the settlement is structured could affect your tax situation. That’s why having a lawyer negotiate your settlement is so important.
Can the IRS garnish my workers’ comp?
Workers’ comp benefits are generally protected, but certain obligations (like child support or federal liens) may allow garnishment. This is separate from taxation, but worth knowing.
Workers’ Compensation Resources from Work Injury Rights®
Workers’ compensation law can be confusing, especially when you’re already dealing with pain, lost wages, and pressure from your employer’s insurance company. To help, we’ve created a library of in-depth guides written by our Florida workers’ compensation attorneys. These resources answer the most common questions and give you the clarity you need to move forward with confidence.
Here are some of our most valuable resources:
Should I Speak to a Lawyer First About Workers’ Compensation Benefits?
Thinking about filing a claim on your own? This article explains why talking to a workers’ comp lawyer early in the process can protect your rights and help you avoid mistakes that could cost you benefits.How to Claim Workers’ Compensation Benefits in Florida
A step-by-step guide on reporting your injury, filing your claim, and what to expect from your employer and the insurance company once your case begins.Different Types of Workers’ Compensation Benefits
Learn about the full range of benefits available under Florida law — from wage replacement to medical care and beyond.The 4 Main Types of Workers’ Compensation Benefits
A clear breakdown of the four main categories: Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Partial Disability (PPD), and Permanent Total Disability (PTD).Who Pays for Workers’ Compensation in Florida?
Get clarity on whether it’s your employer or their insurance provider that covers your medical bills and lost wages after a work-related injury.Are Workers’ Compensation Benefits Taxable?
Most workers’ comp benefits are tax-free, but there are exceptions. This article explains when taxes or Social Security offsets might come into play.Can You Collect Disability Benefits and Workers’ Comp at the Same Time?
Many injured workers wonder if they can get both disability and workers’ comp benefits. Here’s how the two interact, and what offsets might mean for your checks.
Take the Next Step
Reading about workers’ comp is a great way to prepare yourself, but every case is unique. The surest way to protect your benefits is to speak directly with an experienced Miami workers’ compensation attorney.
Explore the resources above, and when you’re ready, call Work Injury Rights® at 954-388-8616 for your free consultation.
“The insurance company denied me three times, but Work Injury Rights® got me the settlement I needed to move forward.”
Meet the Work Injury Rights® Team
At Work Injury Rights®, our strength lies in the experience and dedication of our attorneys. With decades of combined legal practice and a proven record of results, our lawyers have helped thousands of injured workers across Florida secure the benefits and settlements they deserve.
David Benn — Founding Partner
Attorney David Benn has devoted his career to fighting for the rights of injured workers in Florida. Known for his aggressive litigation style and compassion for clients, David has successfully challenged insurance carriers that tried to minimize or deny claims. He has represented injured workers in hearings, mediations, and trials across the state, always with the goal of restoring dignity and financial stability for his clients.
Stacey Isaacs — Partner
Attorney Stacey Isaacs brings years of experience in workers’ compensation litigation and a deep understanding of Florida’s workers’ comp statutes. She has represented employees from all industries, including construction, healthcare, and hospitality. Clients describe Stacey as approachable, detail-oriented, and relentless when it comes to ensuring they receive every dollar of benefits they are owed.
William Haro — Partner
Attorney William Haro has a strong background in complex claims, including cases involving catastrophic injuries and permanent disability. William’s experience allows him to navigate disputes with insurers effectively, often securing settlements that cover both wage loss and lifelong medical needs. His commitment to client communication ensures injured workers feel supported at every step.
Client Results That Speak for Themselves
Our clients trust us because we deliver results. Here are a few examples of settlements we’ve achieved for injured workers in Florida:
$3.3 Million Settlement – for a client who suffered catastrophic injuries requiring lifelong care.
$750,000 Settlement – for a construction worker who sustained permanent partial disability after a workplace accident.
$425,000 Settlement – for a healthcare employee injured on the job, securing compensation for both wage loss and future medical needs.
These results demonstrate our ability to take on tough cases and maximize outcomes for our clients.
What Our Clients Say
We’re proud to let our clients speak for us:
“I was overwhelmed and didn’t know where to start after my injury. The attorneys at Work Injury Rights® guided me step by step and fought hard to get my benefits. I can’t thank them enough.” — Former Client
“The insurance company kept denying my claim, but Work Injury Rights® didn’t give up. They won me a settlement that changed my life.” — Client Testimonial
“Professional, caring, and relentless. They treated me like family and made sure I got the compensation I deserved.” — Client Review
When your health, career, and family are on the line, trust the team at Work Injury Rights®. Call 954-388-8616 today for a free consultation.
Contact Work Injury Rights for Help Understanding Your Workers’ Compensation Benefits
The workers’ compensation benefits system is designed to provide adequate compensation to injured employees for work-related illnesses or injuries. However, the law is complicated and the calculations tedious. Additionally, employers and their insurance providers actively take steps to keep the payout to a minimum.
This is why you should work with experienced attorneys at Work Injury Rights to help you wade through the complicated maze of laws. We have helped many injured employees get fair compensation for their work-related injuries.
Give us a call at 954-388-8616 to schedule a free initial consultation.
