Workers compensation insurance provides employees who have been injured during their employment with various benefits. This includes medical benefits as well as wage replacement benefits while the employee recovers from their injury. If you have questions about securing lost wages and additional benefits in Florida, read on to find out the key steps to follow, as detailed by an experienced Miami workers compensation lawyer.
Understanding Workers Compensation in Florida
In Florida, workers compensation is governed by the Florida Division of Workers Compensation. Employers are required to carry workers compensation insurance if they have four or more employees, whether full-time or part-time. For the construction industry, insurance is required if they have one or more employees.
Securing Lost Wages Under Workers Comp
Wage replacement benefits are designed to compensate for lost wages due to an inability to work, either temporarily or permanently. The nature and duration of these benefits depend on the severity of the injury and the worker’s ability to return to work.
There are four basic types of wage replacement benefits available for a workers compensation claim:
Temporary Total Disability (TTD)
If you cannot work because of your injury or illness, you can receive 66 2/3 percent of your average weekly wages while you are recuperating. TTD benefits are subject to a statewide maximum weekly amount. For injuries occurring in 2024, the maximum weekly compensation rate is $1,260. TTD benefits are available for a total of 104 weeks.
Temporary Partial Disability (TPD)
TPD benefits are paid to workers who may return to work with restrictions. Restrictions may include physical limitations such as not allowing the employee to lift heavy objects, or that the employee must work at a desk job instead of on a working site.
You can earn 80 percent of regular wages as TPD benefits up to a maximum of $1,260 per week. TPD benefits are also available for up to 104 weeks after your accident.
Permanent Total Disability (PTD)
PTD benefits apply when you are unable to work again because of a work-related illness or injury. A physician must find that you are permanently disabled after you reach Maximum Medical Improvement. PTD payments are payable through age 75 or for the duration of your life if you do not receive Social Security benefits.
Maximum Medical Improvement (MMI)
These benefits are provided when a worker has reached Maximum Medical Improvement. MMI will be reached when the employee’s injury has reached such a level that there will be no further significant improvement
Additional Workers Comp Benefits
In addition to securing lost wages, workers may also be entitled to further benefits. This may include medical benefits, such as doctor visits, hospitalization, physical therapy, prescriptions, and necessary travel expenses. If the injury results in permanent total disability or death, additional benefits may be available.
Key Steps When Applying for Benefits
Securing these benefits often requires navigating complex legal processes. Here are some key steps to take:
- Report the Injury: Notify your employer about the injury as soon as possible. In Florida, you have 30 days from the date of the injury, or from the date you knew the injury or illness was work-related.
- Seek Medical Attention: Visit a healthcare professional authorized by your employer or the insurance company. The doctor’s report will play a crucial role in your claim.
- File a Claim: If your employer doesn’t report the injury to their insurance company, you can file a claim yourself. In Florida, the deadline to file a workers’ compensation claim is two years from the date of the injury.
- Appeal if Necessary: If your claim is denied, you can file a petition with the Florida Division of Workers’ Compensation. This process can be complicated, so you should consider hiring a skilled workers comp attorney to help you succeed.
Our Miami Workers Comp Attorneys Can Help With Your Claim
Securing lost wages and additional benefits in workers comp cases can be a complex process, especially when dealing with severe injuries or uncooperative employers. It’s important to understand your rights and responsibilities under Florida law, and to seek legal advice if necessary. Remember, the goal of workers compensation is to help you recover and return to work.
If you have suffered an injury while on duty, contact a Miami workers comp lawyer with Work Injury Rights at 954-324-COMP to make sure your rights are protected and you receive the compensation you deserve!
