How Temporary Disability Payments Are Calculated Under Florida Workers' Compensation Law
Dealing with a work-related injury can be challenging. If you have been injured on the job, the financial impact can be overwhelming, especially if you're unable to work.
Fortunately, Florida's workers' compensation laws provide for temporary disability payments to help replace lost wages while you recover. Understanding how these payments are calculated can help you better prepare for what lies ahead during your recovery process.
At the Law Office of Olivia Devonmille, P.A., I have spent decades advocating for the rights of injured workers. My passion for supporting injured workers comes from a deeply personal experience. Early in my career, my own workers' compensation claim was denied, forcing me to hire an attorney to fight for what I deserved.
That journey not only shaped my understanding of the system but also ignited a commitment to advocate for others facing similar challenges. My practice serves several Florida communities, including Vero Beach, Sebastian, (Indian River County), Fort Pierce, (St. Lucie County), Port St. Lucie, (St. Lucie County), Palm Bay, (Brevard County), Melbourne, (Brevard County), and Viera, (Brevard County).
Here’s what you need to know about how temporary disability payments are calculated, what factors influence the amount you may receive, and how to make sure you are receiving benefits under Florida law.
What Are Temporary Disability Payments?
Temporary disability benefits are a critical part of Florida’s workers' compensation system. They are designed to assist injured workers who cannot perform their regular job duties due to a workplace injury. These benefits provide a temporary financial cushion, covering a portion of lost wages while you focus on healing.
In Florida, workers' compensation covers medical expenses, lost wages, and other expenses related to work injuries. Temporary disability payments are considered wage-loss benefits, and they help bridge the gap for workers unable to work during their recovery. They provide partial financial support until the worker can return to work or reach maximum medical improvement (MMI).
Temporary Total Disability vs. Temporary Partial Disability
In Florida’s workers' compensation system, there are two types of temporary disability benefits: Temporary Total Disability (TTD) and Temporary Partial Disability (TPD). Understanding the differences between these two types of benefits is important, as they will impact the amount you are eligible to receive.
The key difference between the two is the severity of the injury and the worker's ability to perform work duties.
Temporary Total Disability (TTD): This is for workers who are completely unable to work due to their injury. TTD benefits are typically provided when the worker cannot perform any type of work and is recovering from a severe injury.
Temporary Partial Disability (TPD): This is for workers who can return to some type of work but can still not perform their regular job duties. TPD benefits are provided when the injured worker can work at a reduced capacity, but their wages are lower than they would be without the injury.
The calculation of temporary disability payments varies depending on whether you qualify for TTD or TPD benefits.
Calculating Temporary Total Disability Benefits
When an injured worker cannot work at all due to their injury, they may qualify for Temporary Total Disability (TTD) benefits. In Florida, the calculation of TTD benefits is based on the worker's average weekly wage (AWW) prior to the injury.
The AWW is typically calculated by taking the total earnings from the 13 weeks immediately before the injury and dividing them by 13 to get an average. The TTD benefits you receive will be 66 2/3% of your AWW, up to a maximum limit set by Florida law.
The maximum rate for TTD benefits in Florida is updated annually, based on the state’s average weekly wage. As of recent years, the maximum TTD rate in Florida is capped at a specific amount, which may change yearly.
For example, if your average weekly wage is $800, you would typically receive 66 2/3% of that, equaling about $533.33 per week in temporary disability payments. However, if your average weekly wage exceeds the state’s maximum TTD rate, your benefits will be capped at that maximum amount.
TTD benefits are not taxable, which means the amount you receive is not subject to federal or state income tax. This can make a significant difference in the amount of money you receive compared to your usual wages.
Calculating Temporary Partial Disability Benefits
Temporary Partial Disability (TPD) benefits are provided when you are able to work but cannot earn your full wages due to your injury. For example, you may have returned to work part-time or in a light-duty position, but your wages are lower than they were before the injury.
The calculation for TPD benefits is also based on your average weekly wage (AWW) prior to the injury. However, the amount of TPD benefits you receive differs from TTD benefits.TPD payments are calculated as 66 2/3% of the difference between your pre-injury AWW and the wages you are currently earning, up to the maximum rate for TTD benefits in Florida.
For example, if your AWW before the injury was $800, and after returning to work part-time, you are now earning $400 per week, your TPD benefits would be 66 2/3% of the difference between $800 and $400, which is $400. In this case, your TPD payment would be approximately $266.67 per week.
Like TTD benefits, TPD payments are not subject to income tax. However, you can only receive TPD benefits for a limited period. These benefits are typically paid for a maximum of 104 weeks, but they may vary depending on the case and the nature of the injury.
Maximum Medical Improvement and Its Impact on Benefits
In Florida, workers' compensation benefits, including temporary disability payments, assist you while you recover from your injury. However, there comes a point where the injured worker reaches what is known as Maximum Medical Improvement (MMI).
MMI is the point at which a medical professional believes you have recovered as much as you are going to recover from your injury. At this point, temporary disability payments may stop, and you may be assessed for permanent disability benefits if your injury results in long-term impairment.
If you reach MMI and still cannot work or are working at a reduced capacity, you may qualify for permanent partial disability benefits or permanent total disability benefits.
The transition from temporary disability payments to permanent benefits is an important step in the workers' compensation process, and it is something I help my clients through.
What Happens If Your Employer Disputes the Payment of Benefits?
If there is a dispute over whether you should receive temporary disability benefits or about the amount you should receive, your employer or the workers' compensation insurance company may challenge your claim. Disputes can arise for various reasons, such as disagreements over the extent of your injury, the determination of your average weekly wage, or the length of time you are entitled to benefits.
In these cases, you need legal representation to protect your rights. I work with my clients to resolve disputes and help them receive workers' compensation benefits under Florida law. If necessary, I will represent you at hearings before a workers' compensation judge to make sure your benefits are properly calculated and awarded.
Call Me for the Next Steps
At the Law Office of Olivia Devonmille, P.A., I help injured workers understand and assert their rights under Florida’s workers' compensation laws. I’m proud to serve Vero Beach, Sebastian, and greater Indian River County; Fort Pierce, Port St. Lucie, and the greater St. Lucie County; Palm Bay, Melbourne, Viera, and the greater Brevard County. Call today to schedule a consultation.