Temporary Total Disability
When a worker is injured in Florida and his or her doctor says that the employee cannot return to work, the injured worker can be entitled to temporary total disability (TTD) benefits. Injured employees can receive TTD benefits for up to two years or until they have reached the point of maximum medical improvement (MMI)—the state at which future treatment will result in no further improvement of the worker’s condition.
Employers or their workers’ compensation insurance companies may attempt to get injured employees to submit to independent medical examinations (IMEs) performed by company-selected doctors. Many IMEs will result in physicians understating the severity of a worker’s injury or even designating them as MMI in order for the employer or insurance company to have reason to stop paying benefits.
Lawyer for Temporary Total Disability Workers’ Compensation Benefits in Miami, FL
If you or your loved one suffered a serious injury on the job that prohibits a return to work, it is in your best interest to retain legal counsel for help possibly obtaining workers' compensation benefits. The Hoffman Firm represents clients in workers’ compensation cases on a contingency fee basis, so you pay us absolutely nothing unless you receive a monetary award.
Miami workers’ compensation attorney Evan A. Hoffman represents clients in Aventura, Boynton Beach, Fort Lauderdale, Hallandale Beach, Homestead, Miami Beach, West Palm Beach, and several nearby areas of South Florida. Call (305) 940-2307 to have our lawyer review your case and answer all of your legal questions during a free consultation.
Overview of Temporary Total Disability Benefits in Florida
- How much compensation does a person receive with TTD benefits?
- When do TTD benefits end?
- Where can I find more information about TTD benefits in South Florida?
Under Florida Statute § 440.15, an employee injured on the job who suffers a disability total in character but temporary in quality is eligible to receive 66 ⅔ percent (or two-thirds) of his or her average weekly wages. Some workers, however, may be eligible to receive 80 percent of their average weekly wages if they sustained injuries that are catastrophic in nature.
Florida Statute § 440.15(2)(b) entitles employees to 80 percent of their average weekly wages if they:
- sustained the loss of an arm, leg, hand, or foot;
- were rendered a paraplegic, paraparetic, quadriplegic, or quadriparetic; or
- has lost the sight of both eyes.
TTD benefits coverage ends when one of two situations occur. A person will no longer be eligible for TTD benefits after 104 weeks or once the worker has reached the date of MMI, whichever occurs first.
If an employee has been receiving 80 percent of their average weekly wages because of a catastrophic injury, those TTD benefits will not last longer than six months. After a worker has reached that limit, he or she may still be eligible for traditional TTD benefits with the period of time that he or she received additional compensation counting as part of, and not in addition to, the maximum periods of time for which the employee is entitled to compensation.
TT Disability Calculator | Florida Department of Financial Services — Visit this section of the Florida Division of Workers’ Compensation website to determine your possible compensation or wage replacement benefits for a workplace injury. Simply select the year your injury occurred and enter your average weekly wage to determine your weekly temporary total workers' compensation benefits.
Division of Workers' Compensation
Bureau of Compliance
401 N.W. Second Avenue
Miami, Florida 33128
Westphal v. City of St. Petersburg — On June 9, 2016, the Supreme Court of Florida issued its decision in this case of a St. Petersburg firefighter who suffered a severe back injury on the job in 2009 and had his TTD benefits being cut off after two years without the opportunity to receive permanent total disability benefits. The Supreme Court concluded that Florida Statute § 440.15(2)(a) was unconstitutional “as a denial of the right of access to courts, because it deprives an injured worker of disability benefits under these circumstances for an indefinite amount of time—thereby creating a system of redress that no longer functions as a reasonable alternative to tort litigation.” In a concurring opinion, Justice R. Fred Lewis wrote, “As I see it, such a system is fundamentally unconstitutional and in need of legislative—not judicial—reform.” This case was actually the second time in less than two months that the state Supreme Court found a part of the Florida workers’ compensation system to be unconstitutional, as the court struck down a law limiting attorney’s fees in workers’ compensation cases in Castellanos v. Next Door Company on April 28, 2016. In its majority opinion in Westphal, the Supreme Court concluded:
Accordingly, we hold that the statute as written by the Legislature is unconstitutional. However, we conclude that this unconstitutional limitation on temporary total disability benefits does not render the entire workers’ compensation system invalid. Rather, we employ the remedy of statutory revival and direct that the limitation in the workers’ compensation law preceding the 1994 amendments to section 440.15(2)(a) is revived, which provides for temporary total disability benefits not to exceed 260 weeks—five years of eligibility rather than only two years, a limitation we previously held “passes constitutional muster.” Martinez, 582 So. 2d at 1172.
The Hoffman Firm | Miami Temporary Total Disability Lawyer
Did you or your loved one sustain an injury on the job severe enough to qualify you for TTD benefits? You will want to immediately contact The Hoffman Firm for help obtaining the maximum amount of workers’ compensation.
Evan A. Hoffman is an experienced workers’ compensation attorney in Miami who represents clients in communities all over Palm Beach County, Broward County, and Miami-Dade County. He can provide an honest and thorough evaluation of your case as soon as you call (305) 940-2307 or complete an online contact form to schedule a free, confidential consultation.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More