Florida Workers’ Compensation Benefits
Get Help from Our Trusted Attorneys in Central Florida
One of the most urgent questions injured workers have about their claim is "what will my benefits cover?" This, of course, must be evaluated on a case-by-case basis, but when you choose Van Dingenen Law to represent your claim, you can rest assured that our knowledgeable and proven workers' comp lawyers in Orlando and Central Florida will diligently pursue the maximum benefits on your behalf. You may be able to secure benefits such as lost wages, medical coverage, death benefits if you lost a loved one, and no tax withholdings on your settlement. Interested in learning more about what we can do to assist you with your workers' comp claim? Don’t hesitate to reach out to us for counsel.
What Are Death Benefits?
If your loved one was injured in a workplace accident and passed away from their injuries within one year of the date of the accident, or within five years of continuous disability, you may be able to secure benefits up to $150,000.
These benefits include:
- Funeral expenses up to $7,500
- Compensation to dependents, as defined by law
- Educational benefits to the surviving spouse
Florida’s law extends these benefits to spouses, children, and in certain cases, parents and siblings.
Lost Wages You Can Recover
Under workers’ comp, you may qualify for certain disability benefits depending on the nature of your injuries and how long you anticipate you’ll be out of work.
The available benefits for lost wages are as follows:
- Temporary Total disability (TT): These benefits are two-thirds of your weekly wage, up to a legal maximum that is readjusted each year. In 2020, the maximum is $971 a week. However, for more serious injuries like paralysis, the benefit rate may be even higher. You can access these benefits until your doctor says you can go back to work or your condition won’t improve, or if you’ve reached the maximum amount of time.
- Temporary Partial disability (TP): You can receive these benefits if your doctor says you can return to work, but under certain restrictions. You may be forbidden from lifting heavy objects or even using a keyboard for long periods of time. If you earn less with these restrictions, your benefits will be 80% of the difference between your current wages and 80% of your pre-injury wages.
- Impairment Benefits (IB): Once your medical treatment is complete, your doctor can assess your condition to determine whether you have any impairments as a result of your injury. If you can work, the amount of your weekly benefits will be 75% of your temporary total disability rate,
- Permanent Total Disability (PTD): If you’re left permanently unable to work, even after you’ve been treated, you may receive permanent total disability benefits. These can continue until you’re 75 years old, or for the rest of your life if you end up not qualifying for Social Security benefits.
Defining Medical Benefits
Florida’s workers’ comp pays for all medical expenses needed to treat your work-related injury or illness. However, your treatment must be prescribed by your treating doctor and authorized specifically by the insurance company. Workers’ comp can also cover the costs of traveling to and from doctor’s appointments.
Your medical benefits will cover:
- Doctor’s visits
- Physical therapy
- Medical tests
- Prescription drugs
- Attendant care
It’s important to remember that you can’t skip your doctor’s appointments, as missing an appointment may cause your benefits to stop.
Do I Have to Pay Income Taxes?
An additional benefit of Florida’s workers’ comp system is that injured workers don’t have to pay income tax on their benefits. However, if you end up going back to work with limited duties, you may have to pay taxes on the wages you earn while working.
It’s important to hire a workers’ comp attorney to ensure that you’re not being wrongfully denied coverage. Our team is happy to sit down with you to help you understand which benefits apply to you and your unique case.
With over two decades of experience helping Florida workers, our attorneys can be trusted to get you the benefits you need to heal after a workplace injury. Call our team today at (407) 967-5377.