A question that the law firm of Frank M. Eidson, P.A., often receives from injured workers in Florida is, “How much will I be paid in workers’ compensation benefits?”
As you can see from our results, our firm has an extensive background in obtaining workers’ compensation benefits for workers and their families. However, as our experience has taught us, there is no uniform answer to this question. Instead, the amount of workers’ comp benefits you may receive will depend on many factors. You must ask yourself:
- Do I need ongoing medical treatment?
- Does my injury prevent me from working?
- Does my injury allow me to work – but with restrictions?
- How much was I earning at the time of my injury?
- When did my injury occur?
- Has my injury resulted in a permanent disability?
The following should help you to get a better idea of how much you may receive in benefits after suffering an injury on the job. We have also provided links to benefits calculators provided by the Florida Division of Workers’ Compensation (DWC) if you would to know more on how much will you be paid in workers’ compensation benefit .
If you would like to discuss the specific facts of your case, please contact Orlando workers’ compensation attorney, Frank M. Eidson, today by phone or through our online form. We offer free consultations to workers throughout Orlando, Winter Park and Florida.
You must receive treatment from a doctor and/or specialist that has been approved by your employer’s workers’ compensation insurer (or carrier). If you do, all of your medical expenses should be paid, including:
- X-rays, MRIs and other diagnostic tests
- Surgical procedures
- Assistive devices
- Prescription medication
- Hospital stays
- Ongoing therapy
- Follow-up or routine doctor’s visits.
The medical care provider should directly bill your workers’ compensation carrier.
Additionally, you can file for reimbursement of travel expenses that you incur while going to and from your medical treatment.
Temporary Total (TT) Disability Benefits
These benefits apply if you are unable to immediately return to work after your injury. If your workers’ compensation claim is allowed, you should receive a check every two weeks until:
- You return to work
- 104 weeks passes
- You reach maximum medical improvement (MMI), which means your doctor states that your condition will no longer improve.
The amount of benefits is equal to 66 2/3 percent of the regular weekly wages you earned at the time of your injury – subject to a maximum amount that is set each year. If it is a “critical” injury, you can receive 80 percent of the regular wages you were earning for as long as six months (again, subject to the cap).
The maximum rates for injuries that arose within the past five years are:
- 2015, $842
- 2014, $827
- 2013, $816
- 2012, $803
- 2011, $782
For instance, if you earned $1,000 per week at the time of your injury, you would receive TT benefits at a rate of $666.70. If you earned $3,000 per week, your benefits would be capped at the statutory maximum, or $842.00.
You can see an estimate by going to the DWC’s Temporary Total Disability Benefits Calculator.
Temporary Partial (TP) Disability Benefits
These benefits apply if you can return to work – but only at a job that involves lighter duties and less pay than what you earned before. Like TT benefits, you should receive a check every two weeks. Also, your benefits will stop for the same reasons as TT benefits would stop, and you are subject to the same maximum rates. (See above.)
The amount of benefits you receive is equal to 80 percent of the difference between what you earned at the time of your injury and what you earn now.
Here is an example of how you would calculate that amount if you were earning $1,000 per week at the time of your injury and can now only earn $500 per week.
- $1,000 (earnings before injury) x .80 = $800
- $500 (earnings aftery injury -$500
- Difference $300
- Difference x .80 = $240
Your TP benefits would equal $240 per week.
Go to the DWC’s Temporary Partial Disability Benefits Calculator to see an estimate of the TP benefits in your case.
Impairment Benefits (IB)
These benefits apply if you will still suffer from a disability after you have reached MMI. A doctor assigns what is called a “permanent impairment rating.” This figure reflects the percentage of disability to your body as a whole.
If you are eligible, you will receive benefits equal to 75 percent of what you earned per week in regular wages at the time of your injury. These benefits are subject to the maximum rates. Unlike TT and TP benefits, these benefits can continue indefinitely.
You can use the DWC’s Impairment Benefits Calculator to see an estimate.
Permanent Total Disability Benefits (PT)
These benefits apply if you have reached MMI, and your disability prevents you from doing any form of work. Like IB benefits, these payments can continue indefinitely.
Contact Orlando Workers’ Compensation Attorney Frank M. Eidson
If you believe that you are eligible to receive workers’ compensation benefits – and you are involved in a dispute with your employer and/or workers’ compensation carrier about the amount you should receive – contact Orlando workers’ compensation attorney, Frank M. Eidson, without delay. Our firm is dedicated to helping injured workers in Orlando, Winter Park and throughout Florida to obtain the benefits they deserve. Call or reach us online today to schedule a free consultation.