If you are hurt at work in Florida and receive approval for workers’ compensation benefits, you should receive a payment covering a portion of your lost income every two weeks. Knowing this could help you better plan your spending and manage your money during this frustrating and difficult time.
If you miss a payment or have concerns about your claim, an Orlando workers’ compensation lawyer from our team can help you. We provide free consultations so you can learn more about your legal rights and hire an advocate to navigate the claims process for you.
Understanding the Florida Workers’ Compensation Payment Schedule
In Florida, workers’ compensation wage replacement benefits are typically paid biweekly, meaning you should receive a check every two weeks. This applies to those who receive benefits for:
- Temporary partial disability (TPD) – Those who can do some work with limitations but are expected to return to full capacity after their recovery
- Temporary total disability (TTD) – Those who cannot work at all for a temporary period due to a disabling injury
- Permanent partial disability (PPD) – Those who are permanently impaired but can do some work with limitations
- Permanent total disability (PTD) – Those who are expected to be unable to work at all for the rest of their lives
You will receive payments until you return to work in your previous capacity or otherwise no longer qualify for benefits. Those who qualify for TTD and TPD benefits can receive payments for a maximum of 104 weeks.
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When Will I Begin Receiving Workers’ Comp Wage Loss Benefits?
According to the Florida Department of Financial Services, you should receive your first payment within 21 days of reporting your on-the-job injury to your employer.
Florida workers’ compensation also includes a seven-day waiting period. You will not be paid for the first seven days of work you missed unless you miss more than 21 days of work. After 21 days of missed work, you will receive retroactive pay for the first seven days.
If your employer or insurer delays, disputes, or denies your claim, you may not receive payments until the issue is resolved.
What If My Workers’ Compensation Payments Are Late?
If the insurance company fails to make timely payments based on your approved claim, it may have to pay a 20 percent late payment penalty if the payment is not made within seven days of its due date, per Florida Statutes §440.20(6).
If you are missing payments, they are not arriving on time, or the insurance carrier has denied your claim, an Orlando workplace injury attorney can help. It may be possible to restart your payments, recover missed payments, or negotiate a lump-sum settlement for the workers’ compensation wage loss benefits you missed.
How Much Are Workers’ Compensation Wage Loss Payments?
Workers’ compensation wage loss payments are based on your average weekly wage over the previous 13 weeks before your injury. In general, you will receive two-thirds of your average weekly wage.
Alternatively, those who qualify for TPD or PPD benefits will receive 80 percent of the difference between 80 percent of their average weekly wage and what they earn while on a light-duty assignment. Florida provides an impairment income benefit calculator to help you understand your wage loss benefits.
The maximum monthly workers’ comp payment in 2025 is $1,295.
Does Workers’ Comp Offer Death Benefits?
If you lost a loved one due to a work-related injury or illness, workers’ compensation insurance coverage provides death benefits for the decedent’s surviving spouse and children, such as:
- Reasonable funeral and burial expenses up to $7,500
- Biweekly payments covering up to two-thirds of the decedent’s average weekly wage before their passing
- Vocational training for their surviving spouse, if necessary
A workers’ comp lawyer can assist with your claim while you take time to grieve.
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How Do Lump-Sum Workers’ Compensation Settlements Work?
Sometimes, you may want to settle your workers’ compensation case instead of continuing to receive biweekly wage loss payments. This could also be the best way to recover missed payments if you did not receive them at the correct time and have since returned to the workforce.
When you settle your claim, you agree to a one-time payment from the workers’ compensation insurance carrier. This will stop the ongoing biweekly payments and cover any retroactive and future payments you are entitled to.
If you want to seek a lump sum payment, we strongly recommend securing legal representation with a workers’ compensation attorney. They can ensure your settlement pays for your full range of covered expenses.
These settlements can also take time to negotiate and finalize because they require a lot of paperwork and approval from a judge. Once the settlement agreement is confirmed, the insurance company will make a lump-sum payment to cover the settlement amount. You should receive this payment within 14 days of approval.
How Does Workers’ Compensation Handle Medical Benefits?
Biweekly wage loss benefit payments are not the only benefit offered through workers’ compensation insurance. All necessary medical care for treating your injuries should also be covered, including hospital bills, surgeries, physical therapy, medications, and more.
Florida workers’ compensation does not pay medical benefits directly to injured employees. Instead, it pays healthcare providers directly.
It’s important to note that you can only see doctors and specialists approved by the insurance carrier. If you receive non-emergency care from a medical provider who is not approved, the insurance company could refuse to cover any associated medical expenses.
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Can I Get Damages for Pain and Suffering in a Workers’ Compensation Claim?
Non-economic damages such as pain and suffering are not available in workers’ comp claims. They are available in personal injury lawsuits, but because you cannot sue your employer after a workplace injury in Florida, recovering pain and suffering damages can be challenging.
However, if a third party, such as a subcontractor, manufacturer, or vehicle driver, caused your injuries, an Orlando personal injury lawyer can explain your options for recovering the full extent of your losses via a personal injury claim or lawsuit.
Talk to Our Florida Workers’ Compensation Team About Your Case
If you were hurt at work and are not receiving the workers’ comp benefits you deserve, our experienced workers’ comp attorneys can help. We can also review your case to determine whether you qualify to seek additional compensation via a civil lawsuit against a third party.
At Bogin, Munns & Munns, our full-service personal injury law firm has been serving Central Florida since 1979. Contact us today. We provide free initial consultations for injured workers. We will review your case facts, explain your rights, and help you fight for the wage loss benefits you deserve.
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