How Much is My Florida Workers’ Compensation Claim Worth?

The value of a Florida Workers’ Compensation claim encompasses several critical components, each of which contributes to the overall probable ultimate cost of the claim. Understanding these components is essential for injured workers to ensure they receive fair compensation. This article will break down the primary factors influencing the worth of a workers’ compensation claim in Florida: future medical treatment, future Temporary Partial Disability (TPD) and Temporary Total Disability (TTD) benefits, and impairment benefits. It is paramount that someone is represented by an experienced and zealous advocate in a Clearwater work injury case.

Future Medical Treatment in a Clearwater Work Injury

Future medical treatment under Florida workers’ compensation can include any necessary medical services or supplies required to treat a job-related injury or illness. These treatments must align with the patient’s diagnosis and recovery status. Common examples of future medical treatments include:

• Hospital Stays
• Surgeries
• Follow-Up Doctor Visits
• Diagnostic Testing
• Medications
• Rehabilitation
• Physical Therapy
• Medical Equipment
• Home Modifications
• In-Home Caregivers

It is important to note that medical benefits under workers’ compensation do not have a monetary cap, meaning injured employees should not have to pay out of pocket for necessary treatments. However, if an employee settles their Clearwater work injury claim for a lump sum, they may forfeit their lifetime medical benefits and become responsible for their medical costs after the settlement. An experienced attorney can play a crucial role in consulting with the injured employee’s treating doctor to determine the necessary treatments and procedures to aid in recovery.

Temporary Disability Benefits (TTD and TPD)

In Florida, temporary disability benefits are calculated using the employee’s Average Weekly Wage (AWW). These benefits help replace a portion of the wages lost due to the injury.

Temporary Total Disability (TTD)

TTD benefits are 66 2/3% of the employee’s AWW, up to a maximum amount set by state law. For example, if an employee’s AWW was $1,200 before an injury, their TTD benefit would be $800 (66 2/3% of $1,200). However, if their AWW was $2,400, they would receive the maximum rate, which was $1,260 in 2024.

Temporary Partial Disability (TPD)

TPD benefits are calculated as 80% of the employee’s AWW, minus any gross wages earned while working light duty, and then multiplied by 80% again. The result is then limited by the maximum weekly compensation amount allowed by law. For instance, if an employee’s AWW was $1,000 before an injury, and their doctor authorizes them to return to work with restrictions that limit their earnings to $500 per week, their TPD benefit would be $240:

• $1,000 x 80% = $800
• $800 – $500 = $300
• $300 x 80% = $240

Impairment Benefits

Impairment benefits in Florida are based on an impairment percentage rating (IPR) assigned by a doctor. The IPR, ranging from 1 to 100%, describes the degree of impairment and determines the duration of permanent impairment benefits. The benefits are 75% of the employee’s average weekly TTD benefits. The number of weeks of benefits depends on the IPR:

• 1–10%: Two weeks of benefits for each percentage point
• 11–15%: Three weeks of benefits for each percentage point
• 16–20%: Four weeks of benefits for each percentage point
• 21% and higher: Six weeks of benefits for each percentage point

Employees with an IPR of 20% or higher are considered permanently and totally disabled and may be eligible for benefits until they turn 65. However, if an employee returns to work and earns the same or more than their pre-injury wages, their benefits are reduced by 50%.

Conclusion

Understanding the complexities of a Clearwater work injury claim can be daunting. Determining the worth of a claim involves understanding the future medical costs, temporary disability benefits, and impairment benefits. Workers’ compensation carriers typically offer settlements that cover only 60-80% of the probable ultimate costs, often leaving injured workers undercompensated.

If you have been injured at work and are dealing with the Florida workers’ compensation system, it’s crucial to seek legal assistance. The legal experts at Battle Law, PLLC can help accurately calculate the true value of your claim and advocate for a fair settlement. Don’t settle for less than you deserve; contact Battle Law, PLLC today to ensure your rights are protected and you receive the compensation you are entitled to.