How Are Workers’ Compensation Benefits Calculated?

You are injured on your job and are unable to work. You don’t yet know when, and even if, you will be able to return to full employment. Not only are you dealing with pain, physical limitations, and the impact on your family, but you see the bills piling up. That lack of income from your job can make a significant difference in your financial status. Compounding this is the fact that you only get a portion of your usual salary and for only a certain number of weeks.

Let’s take a look at the different types of disability and how your benefits would be calculated in Florida.

Temporary Total Disability (TTD)

• Description: Your injury is considered to be TTD if you are unable to return to work at all, and you have not yet reached maximum medical improvement (MMI), as determined by your authorized doctor.
• Start Date: Your benefits would start on the eighth day if you are unable to return to work, and then are distributed bi-weekly. You do not get compensated for the first seven days unless you are disabled for more than 21 days; in that case you would receive compensation for that first week. 
• Amount: TTD benefits in Florida are equal to two-thirds, or 66 2/3 %, of your pre-injury regular weekly wage, but are not to exceed Florida’s average weekly wage. In 2024, the maximum benefit is $1,260. For example, if your pre-injury salary was $800 per week, you would receive approximately $532 compensation. If, however, your pre-injury wage was $2,000 per week, two-thirds of your salary would equal $1,332, which is more than the cap. In that case, your benefit would be reduced to the maximum of $1,260 per week.
• Duration: You can receive TTD benefits for 104 weeks or until MMI is reached, whichever is earliest. Certain severe injuries, however, might entitle you to 80% of your regular wage for up to six months after the accident.

Temporary Partial Disability (TPD)

• Description: Your injury is considered to be TPD if your doctor says you are able to return to work with restrictions, such as no heavy lifting, but you have not yet reached MMI.
• Start Date: Your benefits would start on the eighth day if you are unable to return to work, and then are distributed bi-weekly. You do not get compensated for the first seven days unless you are disabled for more than 21 days; in that case you would receive compensation for that first week. 
• Amount: You can earn TPD benefits in Florida only if you are earning less than 80% of your pre-injury wage in the new job. Also, again, your benefit cannot be more than the average weekly wage in Florida; in 2024, the maximum benefit is $1,260. For example, if your pre-injury salary was $1,500 per week, and with the new restrictions you were earning $800 per week, your TPD payment would be 80% of $1,500 ($1,200) minus the $800 ($400) times 80% (0.8) which would equal $320. Your total weekly wage would be $1,120; $800 from your employer and $320 from workers’ compensation.
• Duration: You can receive TPD benefits for 104 weeks or until MMI is reached, whichever is earliest. 

Permanent Impairment Benefits (PIB)

• Description: You can be entitled to PIB if you have reached MMI or two years have elapsed since your injury, and your temporary benefits have expired.
• Amount: These benefits would be equal to three-quarters of your TTD benefits. Using the example above with the pre-injury wage being $800 per week, you would receive approximately $600 in PIB compensation.
• Duration: If you are disabled but still able to do some type of work, the duration and amount of your benefits would depend upon the impairment rating given by your physician. There are different ratings, depending upon what part of the body is affected.

Permanent Total Disability (PTD)

• Description: You can be eligible for PTD if your doctor has determined that your injury is so severe you will never be able to work again.
• Amount: The amount of these benefits is the same as TTD, namely two-thirds of your average weekly wage.
• Duration: As long as your disability continues, you are eligible for PTD benefits until the age of 75 or death. These benefits would stop, however, if you are able to do any  type of work; you are not allowed to work while receiving PTD benefits.

As with all rules and regulations, there might be conditions or exceptions in addition to what is listed here. That is when an experienced workers’ compensation attorney becomes invaluable.

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At The Leach Firm, P.A., we serve the people of Florida with over 100 years of combined experience in fighting workplace discrimination, personal injury, and workers’ compensation cases. Let us be your advocates to help you get the best results for your workplace injury. Call us at 844-722-7567 or contact us online to get a free case evaluation with a seasoned lawyer in Florida.