Lost Wages / Temporary Disability Benefits
Florida Workers’ Comp Attorney
Temporary Disability Benefits • Average Weekly Wage • Working More Than One Job
Limits On Temporary Disability Benefits • Free Consultation
Temporary Disability Benefits
Temporary disability benefits are designed to replace the wages or salary lost as a result of an injury. They consist of two-thirds of the injured worker’s wages up to the maximum amount allowable under the law. The maximum compensation rate is adjusted yearly. Temporary benefits can be paid up to 104 weeks (two years). There are two types of temporary disability benefits: temporary total disability and temporary partial disability benefits. Temporary total disability benefits (“TTD”) are paid when the injured worker cannot work at all because of an injury. The ability to work is determined by the authorized treating physician and cannot be determined by your private physician. In this case, you are paid two-thirds of your average weekly wage, not to exceed the maximum compensation rate. Temporary partial disability is paid if the injured worker can work, but with restrictions that limit them to light duty or sedentary duty. If the injured worker has returned to work but due to their restrictions, they can’t work full time or aren’t being paid 80% of their pre-injury wages, they will be compensated a portion of the difference.
Average Weekly Wage
Temporary benefits and permanent disability benefits are based on the injured worker’s average weekly wage. An employer reported low average weekly wage will result in artificially low benefits. How that average is determined is open to interpretation. Frequently, insurance carriers will average wages based on the hire rate instead of the actual earnings or will not include cash payments or tips that were not reported. It is important to fight for an average weekly wage that accurately reflects what the injured worker was actually earning. Commissions and overtime are often overlooked when an insurance company calculates average weekly wage. Make sure that your employer has accurately reported your overtime and commissions. back to top
Working More Than One Job
If you are working two different jobs when you are injured and are unable to work at either job because of your injury, your average weekly wage should be based on both jobs. You will have to produce evidence of your wages on your other job, but the carrier must pay benefits based on both jobs. back to top
Limits On Temporary Disability Benefits
An injured worker will receive temporary benefits until one the following happens:
1. The injured worker is released to work at full duty. At this point, since the worker can return to the old job, temporary benefits stop. This is true even if the employer no longer has a position for the worker or the injured worker does not feel that he can work.
2. The injured worker is returned to work with restrictions and the employer provides a job within these restrictions for the same hours and wages.
3. The injured worker is terminated from the job for cause. This means the worker has done something that causes his termination. For example, a worker who returns to work with restrictions and then shows up late for work could be terminated and lose the right to temporary benefits for the loss in wages. Whether or not the employer has a good reason to terminate is often disputed. An employee who disputes the grounds for termination could go to court to seek a ruling that the termination was not for cause but was an excuse to get rid of the worker without having to pay further temporary benefits. These issues are often the subjects of litigation.
4. The injured worker reaches maximum medical improvement. Maximum medical improvement (“MMI”) is defined in the law as a point in the worker’s medical treatment where they are not expected to improve significantly in health or ability any further. When MMI is reached by every specialty treating the injured worker, as determined by the authorized treating physicians, the worker’s right to further temporary benefits ceases. Even if the worker is unable to return to the job because of restrictions, no further temporary benefits are paid. The worker may then be entitled to income impairment benefits or permanent total disability benefits. back to top
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The Law Office of Joan Dymond Horenstein, P.A. |
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Joan Dymond Horenstein, P.A. Serving the people of Broward, Palm Beach & Miami-Dade Counties. Workers’ compensation lawyer in South Florida, including Davie, Miami, Fort Lauderdale, Sunrise, Weston, Boca Raton, Plantation, Port St. Lucie, Coral Springs, Wellington, Jupiter, Miramar, West Palm Beach, Hialeah, Pembroke Pines, Homestead, Naples, Bonita Springs, Ft. Myers, and Sarasota.
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