Understanding Temporary vs. Permanent Disability Benefits in Florida Workers’ Compensation Cases in Tampa Bay

When you’re injured on the job in the Tampa Bay area, a key question often arises: What kinds of disability benefits am I entitled to, and how do they differ? In Florida, workers’ compensation provides both temporary and permanent disability benefits depending on how your injury affects you over time. Knowing the differences can help you make informed decisions and protect your rights.

What Are Temporary Disability Benefits?

Temporary disability benefits apply when you're recovering from a workplace injury and are not yet at a stable medical condition. Under Florida law, there are two categories:

1. Temporary Total Disability (TTD): If your injury prevents you from working at all, you may qualify for TTD benefits.
   • In cases involving severe injuries (the loss of a limb or eyesight), a worker may receive 80% of their average weekly wage for up to six months, subject to certain conditions.
   • Temporary total disability benefits end when you either return to work, reach maximum medical improvement (MMI), or hit the 104-week cap.
2. Temporary Partial Disability (TPD): If a doctor clears you for limited or light work but your earnings go down as a result, TPD benefits may apply. Florida law provides a formula: 80% of the difference between 80% of your pre-injury average weekly wage and your post-injury earnings, again subject to a cap.
   • These benefits also generally terminate at 104-weeks or when you reach MMI.

What Are Permanent Disability Benefits?

Permanent disability benefits kick in after you’ve reached MMI, which means when your condition is as good as it’s reasonably going to get.

• In many cases, you’ll receive Impairment Income Benefits (IIBs). These are calculated based on an impairment rating assigned by your doctor, using Florida’s Uniform Impairment Rating Schedule.
• The weekly rate for IIBs is typically 75% of your TTD rate, but the duration depends on your impairment percentage.
  • For example, lower impairment ratings may entitle you to a few weeks of benefits per percentage point; higher ratings may result in benefits for significantly longer.
• If your injury is catastrophic and you cannot work at all, you may qualify for Permanent Total Disability (PTD). Under Florida law, PTD can last very long, in some cases until age 75, based on your weekly compensation rate.

Why These Distinctions Matter

Understanding whether you qualify for temporary or permanent disability benefits is crucial because:

• The type of benefit affects how much you’ll be paid and for how long.
• Your average weekly wage (AWW) plays an important role in calculating both temporary and permanent benefits.
• Missing the transition point, reaching MMI, can affect your entitlement to permanent benefits.

If you’ve been injured at work in Tampa Bay and aren’t sure how temporary or permanent disability benefits apply to your situation, Rooth Law Firm is here to help. We’ll assess your claim, calculate your potential benefits, and make sure your rights are protected at every stage. Contact us today or call our Tampa Bay office for a free consultation.