What Benefits Can I Receive Through Workers’ Compensation?

July 16, 2024

Accidents, injuries, or illness can happen in any workplace environment. But what if your injury is so severe that you can’t return to work right away. . .or at all? Medical expenses, rent, credit card bills, etc., start to mount up very quickly. For that reason, states have implemented what is known as workers’ compensation to help employees through such hard times. Don’t expect, however, to receive your full pay. Employers in Florida have to follow certain laws that dictate how much they must pay their employees.

Let’s first take a look at the types of disability for which you can receive workers’ compensation benefits.

Types of Disability

The amount of your benefits and the length of time you receive them will depend upon the type of disability you have sustained. These are classified as:

  • Temporary Total Disability (TTD): Your illness or injury temporarily prevents you from returning to work, and you have not yet reached maximum medical improvement (MMI).
  • Temporary Partial Disability (TPD): Your doctor has released you to return to work, but with restrictions on what jobs or actions you can perform, and you have not yet reached MMI.
  • Permanent Partial Disability (PPD): Your impairment persists after you have reached MMI. This can include physical, psychological, or functional impairments, such as loss of a body part (arm, leg) or loss of a sense (vision, hearing).
  • Permanent Disability (PD): Your injury has caused you to be permanently and totally disabled.

Benefit Details

You can receive different percentages of your prior wages for the different types of disabilities, and there may be a time limit on those benefits. Here is the breakdown for workers’ compensation benefits in Florida:

  • Benefits start on eighth day of disability
  • First check should come within 21 days of first missed work day
  • If unable to work for more than 21 days, will be paid for first seven days
  • Benefit for TTD is two-thirds of your average weekly wage, not to exceed Florida’s average weekly wage, for a maximum of 104 weeks; 80% of your weekly wage if injury is catastrophic
  • For return to work with restrictions, TPD, you have to earn less than 80% of your pre-injury wage, for a maximum of 104 weeks
  • PD benefits are based on the percentage of disability as determined by the treating physician
  • Death benefit is $7,500 for burial expenses, payment of all remaining medical bills, compensation for dependents, and job training for the surviving spouse.

Of course, there are always exceptions, restrictions and other hoops to jump through, regardless of the above lists. And there are even more rules and caveats for situations where you are cleared to return to work, and either cannot do the proffered job or choose not to do it. For that reason, you always should have a good workers’ compensation attorney on your side.

The Importance of Timely Filing

Filing your workers’ compensation claim promptly is essential. The statute of limitations in Florida for these claims is two years from the date of the injury. This means you must act quickly to ensure your claim is valid and avoid missing out on your entitled benefits. Here’s a quick breakdown of the initial steps:

  • Report the Injury: Notify your employer as soon as possible, but definitely within 30 days of the injury. Delays in reporting can complicate your claim and jeopardize your ability to receive benefits. 
  • Seek Medical Attention: Get a medical evaluation to document your injuries and begin treatment. In Florida, the medical provider you see must be approved by your employer’s insurance carrier; therefore, ask your employer which health care provider you should see.
  • File the Claim: Submit your workers’ compensation claim with all required documentation to start the process.

Details of the Two-Year Statute of Limitations

The two-year statute of limitations is a strict deadline. Missing this deadline can result in losing your right to claim workers’ compensation benefits. Here’s what you need to know:

  • Date of Injury: The clock starts ticking when the injury occurred.
  • Exceptions: In some cases, if the injury is not immediately apparent, the time frame might start from when the injury is discovered.

Delays in reporting or filing your claim can significantly impact your case. Not reporting your injury within 30 days can lead to a denial of benefits. Filing your claim after the two-year statute of limitations will almost certainly result in a dismissal of your claim. Prompt action is essential for securing the benefits you need.

Contact Us for a Free Case Evaluation

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.

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