As you might already know, the Federal Workers’ Compensation Program provides financial support and medical benefits to employees who get injured on the job.
But you might be wondering how it exactly works here in Florida. After all, the compensation program can be different at the federal and the state level.
Whether you (or someone you know) have a work-related injury, or you simply want information, this article will help you understand how this system works in Florida and what to expect from it.
How Does Workers’ Comp Pay You in Florida?
In Florida, workers’ compensation provides several types of benefits to help injured employees recover and manage financially.
The main types of benefits include medical coverage, wage replacement, and compensation for permanent impairments.
Medical Benefits
Workers’ comp covers all necessary medical treatment related to the injury, including doctor visits, hospital stays, surgeries, medications, and rehabilitation services.
You don’t have to pay out-of-pocket for these services, as long as they are authorized by the workers’ compensation insurance.
Wage Replacement
If your injury prevents you from working, you can receive payments to replace a portion of your lost wages.
The type of wage replacement you receive depends on the severity of your injury and how it affects your ability to work:
Temporary Total Disability (TTD): If you’re unable to work at all while recovering, you’ll receive two-thirds of your average weekly wage, paid bi-weekly.
Temporary Partial Disability (TPD): If you can return to work but with reduced hours or a lower-paying job, TPD benefits help make up the difference in your income.
Permanent Total Disability (PTD): If your injury is so severe that you can never return to work, you may be eligible for PTD benefits, which provide long-term financial support.
Payment Methods
Workers’ comp payments are typically made bi-weekly, and most people receive their payments through direct deposit.
It’s important to report your injury and file your claim promptly to ensure you receive these payments without delay.
What Are My Rights Under Workers’ Compensation in Florida?
As an injured worker in Florida, you have specific rights under the workers’ compensation system designed to protect you and ensure you receive the support you need.
Right to Medical Treatment
You are entitled to receive medical care at no cost to you for any injury sustained while on the job. This includes doctor visits, surgeries, medications, and rehabilitation.
The workers’ compensation insurance will cover all necessary treatments as long as they are related to your workplace injury.
Right to Compensation for Lost Wages
If your injury prevents you from working, you have the right to receive compensation for your lost wages.
This helps you manage your finances while you recover and are unable to earn your regular income.
Right to Choose a Treating Physician
In Florida, you generally have the right to choose your treating physician, but there are some limitations.
The insurance company may provide a list of approved doctors, and you may need to select from that list.
However, you can request a one-time change of doctor if you are not satisfied with your initial choice.
Right to Appeal a Denied Claim
If your workers’ compensation claim is denied, you have the right to appeal the decision. You can request a hearing before a judge to present your case and challenge the denial.
This process ensures that you have a fair opportunity to receive the benefits you’re entitled to.
Employer and Insurance Company Responsibilities
Your employer and their insurance company have responsibilities, too.
They must promptly report your injury, provide you with information about your rights, and ensure that you receive the benefits you are entitled to.
If they fail to do so, you have the right to take legal action.
How Is Workers’ Comp Calculated in Florida?’
Workers’ compensation benefits in Florida are calculated based on your earnings before the injury, with the goal of replacing a portion of your lost wages while you recover.
Here’s how it works:
Average Weekly Wage (AWW)
The first step in calculating your workers’ comp benefits is determining your Average Weekly Wage (AWW).
This is the average amount you earned per week over the 13 weeks before your injury. It includes your regular wages, overtime, bonuses, and income from any additional jobs you had during that period.
Temporary Total Disability (TTD)
If your injury prevents you from working entirely, you’re entitled to receive 66.67% (two-thirds) of your AWW.
For example, if your AWW is $600, your TTD benefits would be $400 per week.
These payments continue until you’re able to return to work or reach what’s called Maximum Medical Improvement (MMI).
Temporary Partial Disability (TPD)
If you can return to work but earn less because of your injury, TPD benefits help make up some of the difference.
You’ll receive 80% of the difference between 80% of your pre-injury wages and your current earnings.
For instance, if you used to earn $600 per week but now make only $300, you’d receive TPD benefits of $240 per week.
Permanent Impairment Benefits
If your injury results in a lasting impairment, you may receive additional benefits based on the severity of your impairment.
The percentage of your impairment is determined by a doctor and used to calculate the benefit amount you’ll receive.
Deductions and Offsets
In some cases, your workers’ comp benefits may be reduced if you’re receiving other benefits, like Social Security disability.
These offsets are meant to ensure you don’t receive more in benefits than you were earning while working.
What Is the Average Workers’ Comp Settlement in Florida?
The amount you might receive in a workers’ compensation settlement in Florida can vary widely, depending on several factors.
Here’s what you need to know:
Factors Influencing Settlement Amounts
The settlement you receive will depend on the severity of your injury, how long you’re unable to work, and whether you have a permanent disability.
Other factors include your Average Weekly Wage (AWW), future medical needs, and the strength of the medical evidence supporting your claim.
Typical Settlement Ranges
While every case is different, settlements in Florida can range from a few thousand dollars for minor injuries to several hundred thousand dollars for severe, life-altering injuries.
For example, a simple fracture might result in a settlement of $10,000 to $20,000, while a severe back injury requiring surgery could lead to a settlement of $100,000 or more.
Settlement Negotiation Process
Settlements are usually negotiated between you (or your attorney) and the insurance company.
It’s important to have strong medical evidence and, if possible, expert testimony to support your case. This can help you secure a higher settlement amount.
The insurance company will try to minimize their payout, so being well-prepared can make a big difference.
Importance of Medical Evidence
Your medical records and the opinions of your treating doctors play a critical role in determining your settlement.
The more detailed and consistent the medical evidence, the stronger your case will be. This is why it’s highly recommended to follow your doctor’s advice and keep thorough records of your treatment.
More importantly, your doctor or healthcare provider must be trained under the DOL-OWCP to ensure they provide accurate documentation that is compliant with the rules under FECA.
Conclusion
Workers’ compensation in Florida is designed to support employees who are injured on the job, providing essential benefits like medical coverage and wage replacement.
By understanding how these benefits work, how they are calculated, and what your rights are, you can better navigate the process and ensure you receive the help you need during your recovery.
Remember, reporting your injury promptly, following your doctor’s advice, and keeping accurate records are key to making the most of the workers’ compensation system.
Taking these steps can help you secure the benefits you’re entitled to from the Federal Workers’ Compensation Program and ease the financial burden of a workplace injury.
Need Help With Workers’ Compensation in Florida?
If you need more information, or more importantly, help with workers’ compensation in Florida, Better Life, and Federal Injury Centers are ready to assist.
Our DOL doctors and OWCP claims experts provide free claims assistance to help you get the workers’ compensation benefits you deserve, and the recovery you need.
Feel free to fill out the form below to get your questions answered.
