It is estimated that an employee is injured at work every seven seconds. It can happen to anyone, at any time. A workplace injury can be highly disruptive to your health, finances, career, and overall well-being. Thankfully, there is the Florida Workers’ Compensation system. The system is designed to help you get fair compensation for workplace injuries and allow you to get back to work as quickly as possible.
If you have suffered a workplace or work-related illness or injury, the trusted workers’ compensation lawyers at Work Injury Rights can help you recover the workers’ compensation benefits in Miami you are entitled to. Contact us today at 954-833-5226 or using the online form provided to schedule a free initial consultation and case evaluation.
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.
Types of Workers’ Compensation Benefits in Miami
Four different types of workers’ compensation benefits are available to injured workers in Florida. Here is a more detailed look at the type of benefits available to injured workers:
- Temporary total disability benefits
- Temporary partial disability benefits
- Permanent partial disability benefits
- Permanent total disability benefits
Temporary Total Disability Benefits
This wage loss benefit is applicable for employees who are unable to get back to work temporarily due to an illness or injury suffered at work. In case the illness or injury prevents them from returning to work for 21 or more days, the employees are also eligible to claim benefits for the first 7 days of their disability which is paid retroactively.
As far as the maximum term limit for temporary total disability benefits is concerned, it is 104 weeks or until an employee reaches maximum medical improvement. Maximum medical improvement is the stage where a physician decides that a patient’s condition is unlikely to improve further. The maximum compensation payable to an injured worker is two-thirds of their average weekly earnings.
In certain cases, the compensation may be increased to 80% of the regular wages of the employees with conditions such as vision loss or loss of a limb.
Temporary Partial Disability Benefits
This wage loss benefit is designed for workers who are able to get back to work but are still not able to work without any restrictions. In such cases, an injured employee is eligible for temporary partial disability benefits. The compensation calculation for these benefits is a bit complex. An employee becomes eligible for these benefits only if they are not able to earn at least 80% of their pre-injury wages.
In order to better understand the calculation for these benefits, consider an employee with an average weekly wage of $1000. This employee was injured and is able to get back to work but is earning only $700 a week. Here is how the compensation will be calculated.
80% of pre-injury weekly wages is $1000 multiplied by 80% comes to $800. Currently, the worker is earning $700 which means they are making $800 – $700 which comes to $100. 80% of $100 comes to $80 and this is their temporary partial disability benefit.
Workers are eligible for these benefits for a maximum of 104 weeks or until they reach maximum medical improvement, whatever happens first.
Permanent Partial Disability Benefits
If the injuries are permanent in nature and an injured worker is not able to make as much as pre-injury, they may be eligible for permanent partial disability benefits. The calculation for these benefits depends on the impairment rating given by a physician after proper assessment.
Impairment ratings are of two types including extremity and whole-person ratings. This impairment rating depends on the type of disability suffered by a worker. The amount of benefits is calculated on the basis of impairment rating as well as the type of work done by the injured employee.
Permanent Total Disability Benefit
If an injured employee is unable to work permanently, they are eligible for permanent total disability benefits. These benefits begin only once the employee reaches maximum medical improvement as decided by a physician. An employee is eligible for benefits until death or after the age of 75.
As far as the calculation for these benefits is concerned, it depends on the impairment rating given by the physician. An online calculator is provided by the Florida Division of Workers’ Compensation to calculate impairment benefits. Typically, an employee is paid two-thirds of their average weekly wage before the accident.
How Are Florida Workers’ Compensation Benefits Calculated?
The Workers’ Compensation benefits in Florida are decided on the basis of the average weekly wage of the injured employee. The average weekly wage is calculated on the basis of an employee’s earnings over the past 13 weeks. Any overtime or bonuses earned by the worker are also included in this compensation.
For calculating benefits, a worker should calculate the total wages they have been paid over the past 13 weeks before injury. This number should be then divided by 13 in order to come up with their average weekly wage.
The benefits are typically two-thirds of the average weekly wage. Keep in mind that the maximum Workers’ Compensation benefits are capped at $1099 per week for injuries that take place on or after January 1, 2022. In certain situations such as for calculation of PTD and TTD benefits, the severity of the injury also comes into play in order to determine benefits.
Give us a call at 954-833-5226 to know more about your eligibility for compensation.
Are Florida Workers’ Compensation Benefits Taxed?
In most cases, most of the benefits received by an individual as Workers’ Compensation for occupational illness or a work-related injury are completely exempt from tax. In Florida, most of these benefits are not taxable at either the state level or federal level. However, an injured employee may be liable to pay taxes in certain cases.
For instance, if someone is receiving either Social Security Disability Insurance or Supplemental Security Income in addition to Workers’ Compensation, they may have to pay taxes on their Workers’ Compensation benefits. In short, a majority of the benefits paid under Workers Compensation are not taxable but not all the benefits are completely exempt.
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 954-833-5226 to schedule a free initial consultation.