How Long Can I Collect Workers’ Comp in Florida?

Workers’ compensation benefits are essential for employees who suffer work-related injuries or illnesses, providing financial assistance to cover medical expenses, lost wages, and income during recovery. The length of time an injured worker can collect workers’ comp benefits in Florida depends on several factors, including the severity of the injury, the type of benefits received, the employee’s ability to return to work, and their individual recovery process. Benefits may last a few days, months, or even years, depending on circumstances and severity.

Before filing for benefits, it is important to understand the workplace injury claim process and follow proper procedures to ensure eligibility. Consulting an experienced workers’ compensation lawyer helps maximize benefits and provides guidance tailored to your situation.

Types of Workers’ Compensation Benefits in Florida

Florida’s workers’ compensation system offers various benefits to support injured employees, categorized as temporary or permanent disability benefits, each with different durations.

  • Temporary Total Disability (TTD): TTD benefits are provided when an employee is completely unable to work due to their injury or illness, usually covering 66 2/3% of the average weekly wage. These benefits can be collected for up to 260 weeks (five years), but typically stop after 104 weeks or when reaching maximum medical improvement, whichever occurs first. They may end earlier for non-compliance with medical instructions or return-to-work procedures.
  • Temporary Partial Disability (TPD): TPD benefits apply if the employee can return to work with restrictions and earns less than 80% of their pre-injury wages. TPD can also be collected for up to 260 weeks, providing partial wage replacement during recovery.
  • Permanent Impairment Benefits (IIBs): For lasting injuries, employees may receive IIBs calculated based on the impairment rating. Benefits are awarded at two weeks for each percentage point from 1-10%, and three weeks per point from 11-15%, continuing according to the impairment rating assigned by a physician.
  • Permanent Total Disability (PTD): PTD benefits are available to those permanently unable to work in any capacity due to their injury. These benefits typically continue as long as the individual is eligible, often until age 75 or potentially for life in some cases.
  • Medical Benefits: Injured employees may receive medical benefits as long as necessary for treating the work-related injury or illness. This includes doctor visits, hospital stays, surgeries, medications, and other treatments.

Familiarizing yourself with these benefits can help you navigate the system and ensure you get proper support while recovering.

Eligibility for Workers’ Compensation Benefits in Florida

In Florida, most employees are eligible for workers’ compensation benefits if they suffer a work-related injury or illness during their job duties. Eligibility requires working for an employer mandated by law to provide workers’ comp insurance—usually any business with four or more employees, or any construction company with at least one.

Promptly notifying your employer within 30 days of the incident or diagnosis is critical to maintaining eligibility. After reporting, your employer files a claim, and their insurance company determines benefit eligibility. Benefits are based on average weekly wages and the severity and type of injury, and may include temporary (TTD/TPD) or permanent (PTD/impaired) disability benefits, as well as compensation for necessary medical care.

You may qualify for a lump-sum settlement instead of ongoing benefits, depending on your impairment rating and case details. In Florida, income benefits do not start until you miss eight days of work.

Navigating Florida’s workers’ compensation system can be complex; legal representation ensures you understand your rights, gather needed documentation, and receive all benefits available to you.

Factors Affecting Duration of Benefits

Several critical factors influence how long an employee may collect benefits:

  • Severity of Injury: More severe injuries mean longer recovery and extended benefits.
  • Recovery Progress: Benefits continue as long as recovery is monitored by your physician and until maximum medical improvement is reached.
  • Work Restrictions: Returning to work with restrictions may change the benefit type and duration from TTD to TPD.
  • Impairment Rating: Permanent impairment ratings determine the length and amount of permanent impairment benefits.
  • Eligibility Requirements: You must report the injury within 30 days, and it must be work-related and prevent working.
  • Claims Process: Insurance companies investigate claims, while medical benefits can last for life or until settlement if you receive treatment at least once every 12 months. Claims for future care may close if you go more than a year without authorized treatment.

Understanding these factors is essential for recovery, financial planning, and knowing the maximum potential duration for workers’ compensation benefits.

Maximum Duration of Workers’ Comp Benefits

How long you receive benefits in Florida depends on the benefit type and your medical progress.

  • TTD/TPD: Maximum of 260 weeks (five years), unless maximum medical improvement is reached sooner.
  • Permanent Impairment: Duration is based on impairment rating as assigned by the physician.
  • PTD: Benefits may last up to age 75 or for life, unless your condition improves and you are no longer permanently and totally disabled.
  • Medical Benefits: Continue as long as appropriate treatment is received at least once every 12 months, or until a lump-sum settlement is reached.

Legal guidance is highly recommended to navigate complex regulations and calculations effectively.

Know Your Rights and Plan Accordingly

Navigating the workers’ compensation process and understanding benefit duration can be challenging. RTRLAW’s experienced attorneys can help you understand rights, manage claims, and guide you through every step—from documentation and negotiating with insurers to securing maximum benefits.

By seeking legal representation and fully understanding your rights, you can protect your financial stability, secure comprehensive benefits, and focus on recovery after a work-related injury or illness.

For help with a workers’ comp claim, contact our offices today to schedule your free consultation and discuss your case with no financial commitment.