Legler, Murphy & Battaglia, LLP Logo

Am I Entitled to Receive Lost Wages if I Get Injured on the Job in Florida?

Bg Banner Bodilyinjuries 1080x410

The workers compensation system in Florida does compensate injured workers for their lost wages if they are temporarily or permanently unable to work due to their work-related injuries. Generally, there are three types of compensation for lost wages:

1. Temporary Partial Disability (TPD)
2. Temporary Total Disability (TTD)
3. Permanent Total Disability (PTD)

The type and amount of compensation you receive depends upon multiple factors including the nature and severity of your injuries, your medically imposed work restrictions, your employer’s ability or inability to accommodate your work restrictions, and your average income in the 13 weeks immediately preceding the date of your injury.

What are Temporary Partial Disability (TPD) benefits?

Injured workers may be entitled to temporary partial disability benefits if they are not deemed totally disabled by their authorized treating physician, are medically able to perform some type of work, and are not making at least 80% of their pre-injury wages.

In most cases, your treating physician will determine that you are capable of returning back to work with certain restrictions. You are then required to provide your employer with the treating physician’s restrictions. If your employer has work available within your restrictions, you are required to return to work. If you employer is unable to accommodate your restrictions, you are entitled to receive temporary partial disability benefits. These benefits are typically paid every 14 days.

The amount you receive is determined by your average earnings for the 13 weeks immediately preceding the date of injury which is referred to as your average weekly wage (AWW). If you qualify for temporary partial disability, you will receive 64 percent of your average weekly wage.

What are Temporary Total Disability (TTD) benefits?

Injured workers are entitled to temporary total disability if their treating physician determines that the injuries are so severe that they are temporarily totally disabled and not able to work at all. As with temporary partial disability, the benefits are typically paid biweekly. The amount you receive is 66 2/3 percent of your average weekly wage.

What are Permanent Total Disability (PTD) benefits?

You may qualify for permanent total disability benefits if your injuries are so severe that you are unable to ever work again. Not only do you have to show that you cannot perform your current job duties but that you are unable to perform any work at all.

In the following cases, an injured worker is presumed to be permanently and totally disabled unless the employer or carrier can establish that the employee is physically capable of engaging in at least sedentary duty within a 50-mile radius of the employee’s residence:

1. Spinal cord injury involving severe paralysis of an arm, leg, or the trunk.
2. Amputation of an arm, a hand, a foot, or a leg involving the effective loss of that appendage.
3. Severe brain or closed head injury.
4. Second-degree or third-degree burns of 25 percent or more of the total body or third-degree burns of 5 percent or more to the face and hands.
5. Total or industrial blindness.

In all other cases, the burden is on the injured worker and his or her attorney to establish that the employee is not able to engage in at least sedentary duty within a 50-mile radius of the employee’s home. As with temporary total disability, the benefits are paid out at 66 2/3 of your average weekly wage. Entitlement to permanent total disability benefits end at age 75.

Vanessa Castro Viera
Vanessa Castro Viera
November 3, 2023
I had the privilege of working with Kelli Martinez as my personal injury attorney, and I can't express enough how grateful I am for her exceptional guidance and support throughout the entire process. From the moment I first contacted her to the conclusion of my case, Kelli demonstrated an unwavering commitment to ensuring my rights were protected and that I received the compensation I deserved.I highly recommend her to anyone seeking legal representation for personal injury cases.
Jen Wiradilaga (SWFL Horses)
Jen Wiradilaga (SWFL Horses)
October 19, 2023
I am so pleased with the service and care Mr. Murphy has shown. Always has time for a phone call , emailed questions are answered so quickly , it is refreshing. I had guidance every step of the way. My Case was settled quickly and effectively. Everyone that is in this off is is exceptional! Thank you so much
amanda reese
amanda reese
October 17, 2023
Mr. Murphy and his team were amazing to work with. In a stressful situation they were on top of making sure I understood my options and walking me through the process when I’d stress out. He fought to make sure I was fairly treated and not just another person swept under the rug and forgot about. I highly recommend him if you ever need and hope to have a timely resolution and team that is top notch.
Ana Maria Araujo
Ana Maria Araujo
October 12, 2023
I am very grateful to Ed Murphy for accepting my case against work compensation, otherwise I wouldn't have had another doctor for a second examination and I would have been at home without being able to work again. I am thankful for all the work Ed and his assistant Jessica have done in my case. I am very happy with the service, every time I called I was treated very nicely by the front desk staff, Kelly. Thanks
Carlene Overacker
Carlene Overacker
October 6, 2023
I highly recommend Mr. Murphy. He immediately responded to the issues I was having with my workers compensation case. He reached out to me in a timely manner. I was always able to get ahold of him via the phone and emails. I never felt rushed in our meetings and conversations. He was professional and courteous. I am very satisfied how quickly I received my settlement.
Erica Aghoian
Erica Aghoian
September 22, 2023
I highly recommend contacting Ed Murphy with your worker's compensation case. From day one he took the time to explain all aspects of the case, listened to my questions and concerns, and kept me up-to-date as the case progressed. I believe he was able to achieve the best possible outcome with my case, and I couldn't be happier to have worked with him. I had never hired an attorney before, but he immediately put me at ease and had my trust. Great experience from start to finish!
Patricia Lara
Patricia Lara
September 12, 2023
I can't say enough how much help Ed Murphy was during such a difficult situation. From day one he was understanding and made us feel at ease. He helped us achieve the most positive out come in our law suit with workers comp. If you ever need assistance I highly recommend contacting Ed Murphy!
Trust Cleaning Inc
Trust Cleaning Inc
August 15, 2023
This message is for anyone who needs a good lawyer, I recommend Ed Murphy because he is a professional and patient person, he fights until the end of his case or any type of case, I recommend him to everyone 100% . there is no other attorney like ed murphy i just have to say thank you so much for helping me with my accident case.

How Can We Assist You?