What Qualifies as a Temporary Disability Under Workers’ Compensation?
If you've been injured on the job, you may be entitled to workers’ compensation benefits. One of the most common types of benefits provided under workers’ compensation is temporary disability benefits. But what exactly qualifies as a temporary disability, and how can you make sure you receive these benefits?
Having a knowledgeable and responsive workers’ compensation lawyer can help you every step of the way. When you choose the Law Office of Olivia Devonmille, P.A., located in Vero Beach, Florida, I’ll put my extensive knowledge to work for you.
Temporary disability benefits are meant to help injured workers who are unable to perform their regular job duties for a certain period but are expected to recover. Whether you’re in Sebastian, Fort Pierce, Port St. Lucie, Palm Bay, Melbourne, Indian River County, or Viera, I can help you understand your rights under Florida law and pursue fair compensation while you heal.
What Is a Temporary Disability Under Workers’ Compensation?
A temporary disability refers to a work-related injury or illness that prevents you from working temporarily but is not expected to result in permanent impairment. Under Florida’s workers’ compensation laws, there are two primary types of temporary disability benefits:
Temporary Total Disability (TTD): You cannot work at all while you recover.
Temporary Partial Disability (TPD): You can work in a limited capacity but earn less than 80% of your pre-injury wages.
Both types of benefits provide financial support to help injured workers recover without the added stress of lost income. The Florida Division of Workers' Compensation states that TTD benefits are typically two-thirds of your average weekly wage, subject to a statewide cap that changes annually.
How Do You Qualify for Temporary Disability Benefits?
To qualify for temporary disability benefits, you must meet specific criteria under Florida’s workers’ compensation laws:
Work-related injury or illness: Your injury or illness must have occurred while performing job-related duties.
Doctor’s certification: A workers’ compensation-authorized physician must determine that you cannot perform your normal job duties.
Lost wages: You must be unable to work for at least seven days before you start receiving benefits.
If your doctor determines that you can return to work with restrictions, but your employer cannot accommodate those restrictions, you may still be eligible for benefits under TPD. A dedicated workers’ compensation lawyer in Vero Beach can help gather medical evidence and present a strong case for your benefits.
Common Injuries That Lead to Temporary Disability Benefits
Workplace injuries can range from minor sprains to severe conditions that require months of recovery. Some of the most common injuries that qualify for temporary disability benefits include:
Back and spinal injuries: Lifting heavy objects, falls, or repetitive strain can cause temporary disability.
Fractures and broken bones: A slip, fall, or machinery accident may leave you unable to work while you heal.
Work-related illnesses: Exposure to hazardous chemicals or infectious diseases can qualify you for benefits.
Repetitive strain injuries: Carpal tunnel syndrome and other overuse injuries may prevent you from performing your usual tasks.
Knee and joint injuries: If your job requires heavy lifting or prolonged standing, a joint injury could temporarily sideline you.
No matter what type of injury you’ve suffered, seeking immediate medical treatment and legal guidance is crucial to protecting your rights under workers’ compensation laws in Florida.
How Long Do Temporary Disability Benefits Last?
Temporary disability benefits are not meant to last indefinitely. In Florida, these benefits typically continue until one of the following occurs:
Your doctor determines that you’ve reached Maximum Medical Improvement (MMI)
You are able to return to work at full capacity
You reach the statutory limit for benefits (104 weeks in Florida)
Once your doctor decides that you've reached MMI, your benefits may stop, even if you’re still experiencing pain or difficulty working. If your injury results in a permanent impairment, you may be eligible for permanent disability benefits.
Challenges in Receiving Temporary Disability Benefits
Even if you meet all the qualifications for temporary disability benefits, getting approved isn't always easy. Some of the most common challenges include:
Employer disputes: Your employer or their insurance company may claim your injury isn’t work-related.
Delays in medical evaluations: If your employer delays sending you to an approved doctor, your claim may be delayed.
Denial of benefits: Insurance companies often deny claims, arguing that you can return to work sooner than you’re actually able.
Premature termination of benefits: If your doctor incorrectly determines that you can return to work, your benefits could be cut off prematurely.
A workers’ compensation lawyer in Vero Beach can help you fight back against unfair claim denials and delays, making sure you receive benefits.
What to Do If Your Temporary Disability Benefits Are Denied
If your workers’ compensation claim is denied or your benefits are terminated early, you have the right to appeal. Here’s what you can do:
Review the denial letter: Your denial should include the reason for rejection.
Gather medical evidence: If your claim was denied due to a lack of evidence, additional medical documentation may help.
Request a hearing: You can file a petition with the Florida Office of the Judges of Compensation Claims (OJCC) to dispute the denial.
Consult a workers’ compensation lawyer: An experienced attorney can guide you through the appeals process and present a strong case on your behalf.
If you're in Vero Beach, Sebastian, Fort Pierce, Port St. Lucie, Palm Bay, Melbourne, or Viera, getting legal help early can improve your chances of a successful claim.
Why Work With a Workers’ Compensation Lawyer?
Workers’ compensation laws can be difficult to understand, and employers or insurance companies often make it hard for injured workers to receive benefits. A compassionate and responsive workers’ compensation lawyer can make all the difference in your case by:
Reviewing your claim and identifying potential issues
Communicating with your employer and their insurance company
Gathering medical records and evidence to support your case
Representing you in hearings or appeals
A lawyer who understands Florida’s workers’ compensation system will work tirelessly to protect your rights and fight for the benefits you need to recover.
Workers’ Compensation FAQs
How Soon Do I Have to Report My Injury to Qualify for Workers’ Compensation?
Florida law requires injured workers to report their injury within 30 days of the accident. Failing to do so may jeopardize your claim.
How Long Do I Have to File A Workers’ Compensation Claim in Florida?
You have two years from the date of your injury to file a formal workers’ compensation claim. If your claim is denied, you may need to file a petition for benefits.
Can I Receive Temporary Disability Benefits if I Can Still Do Light-Duty Work?
Yes. If your doctor assigns work restrictions that prevent you from doing your regular job but allow light-duty work, you may qualify for Temporary Partial Disability (TPD) benefits.
What if My Employer Disputes My Workers’ Compensation Claim?
If your employer or their insurance provider disputes your claim, a workers’ compensation lawyer can help you gather evidence, appeal denials, and fight for your benefits.
How is My Temporary Disability Compensation Calculated?
Temporary disability benefits typically provide two-thirds of your average weekly wage, up to Florida’s state maximum.
What Happens if I Reach Maximum Medical Improvement (MMI)?
Once you reach MMI, your doctor will determine if you have a permanent impairment. If you do, you may qualify for Permanent Impairment Benefits instead of temporary disability benefits.
Do I Need a Lawyer for My Workers’ Compensation Claim?
While not required, having a lawyer can significantly improve your chances of a successful claim, especially if your benefits are denied or delayed.
What if I Have a Pre-Existing Condition?
You may still qualify for workers’ compensation benefits if your work injury aggravated a pre-existing condition. However, insurance companies often dispute these claims, making legal guidance essential.
Get the Help You Need for Your Workers’ Compensation Claim
Whether you’re in Vero Beach, Sebastian, Fort Pierce, Port St. Lucie, Palm Bay, Melbourne, or Viera, I can help you pursue what you need while you recover.
Your ability to pay your bills and take care of your family shouldn’t be in jeopardy because of an on-the-job injury. Call me today at the Law Office of Olivia Devonmille, P.A. I’ll fight for you throughout your unique situation.