Florida Workers' Compensation Indemnity Benefits
INJURED AT WORK? YOU MAY BE ENTITLED TO WORKERS' COMP BENEFITS
If you were injured on the job in Florida, you may be entitled to more than just medical care. Workers’ compensation provides several types of indemnity benefits designed to replace lost income while you recover or adjust to a long-term injury. These benefits vary depending on the nature and severity of your condition and how it impacts your ability to work. Understanding how Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Total Disability (PTD), and Impairment Income Benefits (IIB) work, along with how your Average Weekly Wage (AWW) is calculated, is critical to getting the full compensation you’re owed.
“Florida’s workers’ compensation laws are supposed to protect injured employees, but insurance companies often minimize or delay the income benefits you need. At Graves Law, we help injured workers throughout Florida fight for every dollar they deserve. From calculating your average weekly wage to disputing improper impairment ratings, we stand by your side every step of the way.”
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What Is Indemnity?
In Florida workers’ compensation law, indemnity refers to wage replacement benefits provided to injured workers who cannot earn their full income due to a job-related injury or illness. Indemnity is often referred to as lost wages or lost wage benefits. These benefits are separate from medical care and are meant to help workers maintain financial stability while recovering. There are four primary types of indemnity benefits:
- Temporary Total Disability (TTD): Paid when you cannot work at all
- Temporary Partial Disability (TPD): Paid when you can work part-time or in a reduced capacity
- Impairment Income Benefits (IIB): Paid after your doctor determines your recovery has plateaued at Maximum Medical Improvement (MMI)
- Permanent Total Disability (PTD): Paid when you are unable to return to any type of gainful employment
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Understanding Average Weekly Wage (AWW)
The Average Weekly Wage (AWW) is the foundation for all workers’ compensation indemnity benefits in Florida. It represents your average earnings before your injury and determines how much you’ll receive for lost wages.
What if You Didn’t Work 13 Weeks? Florida law typically calculates AWW using your gross wages from the 13 weeks prior to the accident. But if you didn’t work that long or missed significant time, the employer must use the earnings of a “similar employee” in the same role. This is often disputed, and insurance companies may understate the similar employee’s wage or claim that there are no similar employees. A skilled attorney can demand accurate wage records to ensure you aren’t underpaid.
Temporary Total Disability (TTD)
TTD benefits are paid when your authorized treating physician says you cannot work at all due to your injury and places you on no work status.
- Amount: 66.67% of your AWW
- Maximum Duration: Up to 104 weeks (your attorney may be able to argue for longer)
- Exceptions: If your injury is classified as catastrophic, you may become eligible for PTD instead
If your injury is severe enough to keep you completely out of work, TTD is likely the first type of indemnity benefit you’ll receive.
Temporary Partial Disability (TPD)
TPD benefits apply when you can work in a limited capacity or part-time; meaning your doctor has assigned work restrictions or placed you on light duty. There are two types of TDD benefits depending on whether you have returned to work or haven’t returned to work.
Returned to work:
- Amount: 80% of the difference between 80% of your AWW and your current earnings
- Duration: Also subject to the 104-week cap (combined with TTD)
Example 1: If your AWW was $1,000 and you’re now making $800, then you’re not entitled to benefits.
Example 2: If your AWW was $1,000, 80% of that is $800. If you’re now making $500 post-injury, you may receive TPD benefits for the difference. You would receive 80% of the difference ($800-$500=$300), meaning you would receive 80% of $300, which would be $240.
Haven’t returned to work:
- Amount: 64% of your AWW. Florida law calculates this as 80% of 80% of the AWW.
- Duration: Also subject to the 104-week cap (combined with TTD)
Accommodating Position | Light Duty
Impairment Income Benefits (IIB)
Once your doctor places you at Maximum Medical Improvement (MMI) and gives you an impairment rating, you’re no longer eligible for TTD or TPD. Instead, you may receive IIB, which compensates you for lasting physical damage.
- Amount & Duration: Based on your impairment rating under Florida’s statutory schedule
- Payment Schedule: Usually biweekly until the full amount is paid
Disputes often arise over low impairment ratings or premature MMI decisions. An attorney can help challenge these findings if they are medically or legally improper. Florida provides an IIB calculator to assist determining the IIB amount.
Permanent Total Disability (PTD)
If you are so severely injured that you can never return to work in any capacity, you may qualify for PTD benefits.
- Amount: 66.67% of your AWW
- Duration: Paid until age 75, or for life if no Social Security is available
- Eligibility: Must prove that you cannot engage in even sedentary employment within 50 miles of your residence
PTD is often denied or challenged by insurers, so strong documentation and legal representation are crucial.
Frequently Asked Questions
TTD benefits are paid when your doctor says you cannot work at all due to your injury. You typically receive 66.67% of your average weekly wage for up to 104 weeks.