Workers’ compensation is an important facet of employment law in the United States. Workers’ compensation allows employees who have been injured in the course of their jobs to receive compensation for illness or injury when the injury is a direct result of their working conditions.
When employees have been injured on the job, frequently they are not sure about their rights and responsibilities. From tax implications to the frequency of payment for a claim and what to do when the payment is late, The Law Firm of Kevin A. Moore explains the Florida workers’ compensation system with a special focus on lost wages, otherwise known as Temporary Partial Disability and Temporary Total Disability benefits.
Filing Workers’ Compensation Claims
The intent of the Florida workers’ compensation statutes, (Florida Statute 440), is to provide benefits to injured workers while they get back on their feet. In most cases, this assistance is limited to a temporary period. In some cases, the assistance may be extended including medical care for the workers injuries.
According to Florida law, (FLA. STAT. § 440.15) there are specific requirements to determine disability. These requirements are fully laid-out in Florida law, and a competent workers’ compensation attorney will know this law in full detail and be able to help claimants determine whether they are eligible.
Temporary Partial Disability
Under Temporary Partial Disability, (FLA. STAT. § 440.15(4) 2019) compensation is calculated by taking 80 percent of the difference between 80 percent of the employee’s weekly wage and whatever compensation they are able to earn after their injury. This weekly payment cannot exceed 66 ⅔ percent of the employee’s average weekly wage. These benefits are paid if an injured worker has been returned to work by their doctor, but the employer has not been able to accommodate the injured worker and bring them back to work.
Temporary Total Disability
The statutes for Temporary Total Disability are similar, but the calculations for the money they are owed are less complex. The injured employee can be paid 66 ⅔ percent of their average weekly wage before the accident. The standards for determining Temporary Total Disability are stricter than those for Temporary Partial Disability. These benefits are paid if the injured worker has been placed on a no work status by their workers compensation doctor.
Payment Frequency
Payments must be made biweekly every 14 days to the injured employee.
If these payments are not made in a timely fashion, the insurance carrier may owe a penalty of 20 percent if it does not make a payment within the 14 day time period.
Tax Implications
Florida workers do not have to pay income tax on their workers’ compensation wages.
Since tax laws are so complex, it is recommended that an employee receiving workers’ compensation payments consult a tax attorney for help filing their returns.
Understanding Florida Law
These complex statutes cover the payment of temporary and permanent total disability. Injured workers should consider retaining a specialist attorney for help with their claims. When the employee understands their rights, they will be able to receive all of the compensation they are due and will be able to recover from their injury with fewer worries.
