If you’ve been seriously injured in a workplace accident, the last thing you want is to sit at home wondering how you’re going to pay your bills.
Florida workers’ comp includes workers compensation payments that can replace part of your lost wages when an injury keeps you out of work or forces you onto light duty. Workers’ comp can also cover medical care and other benefits (among other things):
What does workers’ comp pay in wage benefits, and is it enough to keep you afloat? Here’s how the payment system works, how your check is calculated, and the most common reasons the numbers don’t look right.
What Are Workers Compensation Payments Supposed to Cover?
Wage benefits in Florida workers’ comp are designed to cover a portion of your lost wages when you can’t do your regular job because of a work injury or illness. They’re not meant to fully replace your paycheck.
Two key concepts drive most workers compensation payments:
- Average Weekly Wage (AWW): the average of what you earned before the accident
- Compensation Rate (CR): the percentage of AWW used to calculate many wage checks
Once you understand AWW and CR, the rest of the payment types (like TTD and TPD) make a lot more sense.
Injured at Work In Florida?
How Does Workers’ Comp Pay in Florida? (Timing and Status)
Workers comp payments don’t always start immediately, and the timing depends on how long you’re out and what your work status is.
The 7-day waiting period and the “21-day” rule
If you are unable to work for 21 days or less, you won’t get paid for the first seven days of lost wages.
You should receive your first check within 21 days of reporting your injury, assuming that you have been placed on either a “no work” or “light duty” work status and are losing wages.
No work vs light duty status (why it matters)
Your doctor’s opinions matter because they shape how the insurance company calculates wage payments:
- No work status: payments are generally paid at your compensation rate (CR)
- Light duty with lost wages: payments are calculated using a formula tied to your AWW (explained below)
Average Weekly Wage (AWW): The Starting Point
Your Average Weekly Wage (AWW) is an average of your earnings prior to the workplace accident.
It is calculated by adding all of your gross wages earned during the 13 calendar weeks before the week of the accident and then dividing that total by 13.
Your AWW is not the same as your workers’ compensation benefits, however. Once your Average Weekly Wage has been determined, workers’ comp will pay a portion of that amount depending on the extent of your illness or injury.
Why Does Workers’ Comp Only Pay 2/3? (Compensation Rate)
This is one of the most common questions I hear, and it’s simple at the core.
In most cases, Florida sets your compensation rate (CR) at 66 2/3% of your average weekly wage (AWW). That “66 2/3%” is why many people describe workers comp as paying “about two-thirds.”
Your compensation rate has a minimum and maximum value as determined by the Division of Workers’ Compensation and Florida Statutes Section 440.12 (2). Each year, the Division makes a determination of what the minimum and maximum compensation rate will be for the year.
Temporary Total Disability (TTD) Payments
If your authorized doctor has determined that you cannot return to work, you should be paid temporary total disability benefits.
These benefits are paid out at the injured worker’s compensation rate, or 66 2/3% of the employee’s AWW.
For example, if your AWW is $100, you would receive $66.67 per week.
For severe injuries, such as paralysis or blindness, you are entitled to 80% of your AWW for six months, with no maximum.
Temporary Partial Disability (TPD) Payments
Temporary Partial Disability (TPD) is what many people are really asking about when they say, “I’m back at work, but I’m not making what I used to. Do I get anything?”
If you are on light duty work restrictions, the first question is whether your employer is able to accommodate the restrictions set by your authorized treating physician. If your employer cannot accommodate those restrictions, you may not be working at all — and that typically raises TTD issues instead of TPD.
The second question is: if you are working light duty, are you earning at least 80% of your average weekly wage (AWW)? If so, you are not owed any money from the insurance company.
However, if your wages fall below 80% of your AWW while you are on light duty work restrictions (subject to potential defenses), the insurance company may owe you temporary partial disability (TPD) benefits.
The 80/80 formula in plain English
These benefits are calculated by:
- Taking 80% of your average weekly wage
- Subtracting your gross earnings while on light duty
- Multiplying that difference by 80%
When Do Temporary Workers Compensation Payments End?
If you are receiving temporary total disability payments (TTD) or temporary partial disability benefits (TPD), those benefits will last until:
- Your doctor says you can return to work full duty;
- Your doctor says you have reached Maximum Medical Improvement (MMI) and can’t expect to recover further:
- You have reached the maximum time limit for collecting workers’ comp payments.
Previously, Florida law set a 104-week cap on workers’ compensation benefits. However, the Florida Supreme Court determined this was unconstitutional and set a 260-week limit that applies for people who haven’t yet reached MMI after 104 weeks.
Permanent Impairment Benefits
In some cases, your doctor may decide that you have reached MMI, but do still have some loss of function. If you are placed at MMI but your doctor feels that you have some permanent injury, the doctor will assign a permanent impairment rating (“PIR”) per the 1996 Florida Uniform Permanent Impairment Rating Schedule.
Your impairment rating, which is the percentage of your body as a whole that is permanently injured, is then used to determine how much you will receive. If you know your impairment rating, you can use this calculator from Florida’s Division of Workers’ Compensation to find out how much you are entitled to.
Permanent Total Disability (PTD) Benefits
If you are unable to return to work at all (even light-duty work), you can receive permanent total disability (PTD) benefits at the same rate as your temporary total disability benefits until you reach age 75 or, if the accident occurred after age 70, for no more than five years:
However, the insurance company can avoid payment of PTD benefits if they can establish that you are capable of performing at least a sedentary (sit-down) job within a 50-mile radius of your home. Only the most severe injuries will qualify an injured worker for this classification of benefits.
Additional Benefits (Beyond Wage Payments)
In addition to compensating you for lost wages, workers’ comp benefits cover other things related to your care and recovery.
Most importantly, your medical care is covered. Your authorized treating physician will bill the workers’ compensation insurance carrier directly, so you don’t have to worry about finding the funds and getting reimbursed.
In some cases, you may also be entitled to vocational rehabilitation. If you are unable to return to your old position after you have reached MMI, you can receive training and education to switch careers.
And in the tragic event of a work-related fatality, workers’ comp will pay death benefits (including funeral and burial expenses) to the employee’s surviving spouse and dependents.
It should be noted that pain and suffering cannot be compensated under Florida law.
What to Do If Your Workers Compensation Payments Seem Wrong
If your workers comp check feels too low, starts late, or stops unexpectedly, don’t assume the insurance company “got it right.” AWW and TPD calculations can get messy fast.
A few smart next steps:
- Keep copies of your pay stubs and any work restrictions from your authorized doctor
- Track your actual light duty earnings week by week
- Compare what you’re receiving to how AWW and CR should apply in your situation
Ready For Your Free Consultation?
If you have suffered a work-related accident or illness, the last thing you should be asking yourself is “What does workers’ comp pay?” But when bills are due, it’s a fair question, and you deserve a clear answer.
At the Law Office of Brian D. Tadros, we act as educator and advocate for our clients so that they can focus on rest and recovery. If your workers compensation payments seem low, late, or wrong, schedule a free consultation today.
