Types of Workers’ Compensation Benefits in Florida

The workers’ compensation system in Florida is designed to protect employees who are injured or become ill as a result of their work. It is a no-fault system, meaning that an injured worker does not have to prove that the employer was negligent or at fault to receive benefits. Instead, the law provides access to various categories of assistance to help injured employees recover (both physically and financially) without facing costly and time-consuming legal battles.

The four primary benefits available through Florida’s system are medical care, temporary disability, permanent disability, and vocational rehabilitation. Each type of these benefits addresses a different need, helping injured people cover medical bills, replace lost income, compensate for permanent impairments, or find opportunities to reenter the workforce in a new capacity.

At the Law Office of Tom Ueberschaer in Pensacola, we have extensive experience guiding clients through all facets of Florida’s workers’ compensation system. We ensure that injured workers understand their full range of available benefits and receive comprehensive workers’ compensation protection as mandated by law.

Medical Care: Your Treatment Shouldn’t Have to Cost You a Penny

If you suffer a workplace injury, your medical expenses should not come out of your own pocket. In Florida, workers’ compensation medical care coverage typically includes:

• Doctor visits, hospital stays, and surgery
• Rehabilitation and physical therapy
• Prescription medications and diagnostic tests
• Medical devices such as prosthetics or braces
• Reimbursement for travel expenses related to treatment

However, all treatments, therapies, and related products/services must be prescribed by doctors authorized by your employer’s workers’ compensation insurance company. Seeking treatment from an unauthorized provider may prevent you from receiving payment for expenses that would otherwise be covered.

Tip: Florida law requires that workplace injuries be reported promptly. Timely notice will help streamline your claim and ensure your care is authorized without delay.

Temporary Disability: Wage Replacement While You Heal

When an injury keeps you from earning your regular paycheck, temporary disability benefits can keep you financially afloat. Compensating for lost wages while you recover, these benefits fall into two categories: TTD and TPD.

Temporary Total Disability (TTD) applies when your injury prevents you from performing any work at all. In this situation, you are entitled to receive two-thirds of your average weekly wage, subject to a statewide maximum. Payments begin after you have missed seven days of work. If your disability extends beyond twenty-one days, you are compensated retroactively for that first week as well. TTD benefits end when you return to work or reach what is known as Maximum Medical Improvement (the point where your condition is unlikely to improve). TTD benefits can be paid for up to 5 years.

Temporary Partial Disability (TPD) applies when you can return to work in some capacity but can earn only 80% of your pre-injury wages or less. For example, you may be placed on light duty or restricted hours. In that case, benefits are designed to make up a portion of the difference between your old wage and your reduced income. Like TTD, TPD benefits continue until you reach Maximum Medical Improvement or until you have received 5 years of temporary benefits.

Permanent Disability: How the Injury Changes Your Life

When an injury leaves lasting effects, Florida law provides permanent disability benefits. These fall into two main categories: IIB and PTD.

Impairment Income Benefits (IIB) are awarded when you reach Maximum Medical Improvement and receive a Permanent Impairment Rating from your physician. This rating reflects the percentage of permanent loss or dysfunction caused by your injury. The higher the impairment rating, the longer you are entitled to benefits. Payments are typically made weekly and are calculated as a percentage of your pre-injury wages.

Permanent Total Disability (PTD) is reserved for the most serious cases. Workers who are unable to engage in any form of gainful employment, including sedentary work, may qualify for lifetime benefits. Certain catastrophic injuries, such as paralysis, blindness or the loss of multiple limbs, create a presumption of permanent total disability under Florida law. In other cases, you may need to prove that you are unable to perform any job within a reasonable distance of your home. PTD benefits often last until age 75, but insurance carriers may choose to contest claims at any time to avoid the long-term financial burdens that they present. An experienced lawyer is incredibly valuable for anyone seeking PTD benefits.

Vocational Rehabilitation: Help Getting Back to Work

Not every worker can return to their old job after a serious injury. Florida law recognizes this and provides vocational rehabilitation services to help injured workers reenter the workforce. These services may include vocational evaluation, career counseling, job placement assistance and tuition or retraining support for learning new skills.

Vocational rehabilitation is authorized under Florida Statute 440.491, and all vocational rehabilitation applications go through the Florida Division of Workers’ Compensation. There are important deadlines to keep in mind, and acting promptly can make the difference between claim acceptance and claim denial. In most cases, you must apply within two years of your last indemnity payment.

How Tom Ueberschaer Helps Injured Workers

Florida’s workers’ compensation system provides medical care, wage replacement, permanent disability benefits and vocational rehabilitation. However, insurance companies may delay, deny or underpay claims, leaving injured workers frustrated.

The Law Office of Tom Ueberschaer assists clients in securing the benefits they deserve and provides guidance when claims are unclear or denied. Contact us today to schedule a free consultation. You pay nothing unless we win.