What is Compensation for Disability in Your Florida Workers’ Compensation Case?
The Florida Workers’ Compensation law provides for compensation for disability when you are unable to work while recovering from an injury on the job. The particular part of the Florida Statutes that cover this area of law is Florida Statute 440.15. There are four types of compensation for disability.
Permanent Total Disability
If it is determined that you are permanently and totally disabled, you are entitled to receive permanent total disability. You would receive 66 2/3% of your average weekly wage during the continuance of permanent and total disability. In order for you to be permanently and totally disabled, you must establish that you are unable to engage in at least sedentary employment within a 50 mile radius of your home due to your physical limitations. There are, however, certain presumptions of permanent and total disability, which are set forth in the statute involving: 1) a spinal cord injury with severe paralysis; 2) amputation of an extremity; 3) severe brain or closed head injury; 4) second degree or third degree burns of 25% or more of the total body surface or third-degree burns of 5% or more to the face and hands; or 5) total or industrial blindness. There are limitations on how long permanent total disability can be paid to you during your lifetime.
Temporary Total Disability
If after an injury at work you are disabled totally but temporarily you would receive 66 2/3 of your average weekly wage during the continuance of your temporary total disability. There is a limitation of weeks that you can receive temporary total disability based upon the Florida Workers’ Compensation Law. In a typical Workers’ Compensation injury, temporary total disability benefits would cease when you reach the maximum number of weeks allowed or you reach the date of maximum medical improvement, whichever occurs earlier. In essence, temporary total disability benefits are paid when your workers’ compensation doctor places you on a “no work” status.
Temporary Partial Disability Benefits
If after an injury at work you are temporarily partially disabled you would receive 66 2/3 of your average weekly wage during the continuance of your temporary partial disability. Temporary partial disability benefits are paid when you are given physical restrictions by your workers’ compensation doctor and there is no employment available for you. In such case you would continue to receive temporary partial disability benefits until your doctor determines that you have reached maximum medical improvement or when you reach the maximum number of weeks allowed to receive temporary partial disability benefits. At the time you reach maximum medical improvement, the workers’ compensation physician will indicate the permanent impairment, if any, you have sustained as a result of your workers’ compensation injury.
Permanent Impairment Benefits
After you have reach maximum medical improvement, your workers’ compensation physician will determine your impairment rating due to your work injury. Sometimes, however, after you recover from your injury, there is no permanent impairment. When there is a permanent impairment indicated by your workers’ compensation doctor, impairment benefits are payable to you depending upon the impairment rating. Impairment income benefits are paid biweekly at the rate of 75% of your average weekly temporary total disability benefit not to exceed the maximum number of benefits under the Workers’ Compensation Law. These benefits, however, are reduced by 50% for each week in which you earn income equal to or in excess of your average weekly wage. The amount of income benefits that you are entitled to receive is two weeks of benefits for each percentage point of impairment from 1% up to and including 10%. For each percentage point of impairment from 11% to 15%, you are paid three weeks of benefits. For each percentage point of impairment from 16% up to 20%, you are paid for weeks of benefits. Lastly, for each percentage point of impairment from 21% and higher, six weeks of benefits are paid.
Should You Hire a Workers’ Compensation Attorney?
If you or anyone you know has been injured in any kind of accident, whether working or not, you may be entitled to medical and compensation by the filing of a workers’ compensation claim or petition for benefits. You should seek the advice of a Miami or South Miami workers’ compensation attorney so your rights can be explained to you. Attorney Jeff E. Rubin at the law firm of Talianoff Rubin & Rubin, P.A. has been handling Florida Workers’ Compensation cases since 1989. Jeff will provide a free consultation so that you can have a clear understanding of your rights if you had an accident and you were hurt or injured while working. Call 305-270-3211 or email jeff@mialaw.com to schedule a free consultation.
Call 305-270-3211 or email jeff@mialaw.com schedule a free consultation.
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