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Recovering Lost Wages Through Workers’ Compensation

Accidents at work can leave you partially or totally disabled and therefore unable to do your job or perhaps any job. Even if you’re able to continue working, physical limitations caused by your work-related injury or illness might restrict your ability to work and limit how much you can earn. Most Florida employees are covered by workers’ compensation, which requires an employer’s workers’ compensation insurer to pay a significant portion of wages lost as a result of a work-related impairment.

If you miss work after being hurt on the job, how much you receive as compensation for lost wages and for how long depends on the nature of your disability as determined by a doctor authorized by your employer or its insurer. These are the benefits that may be available:

  • Temporary total disability — You receive this benefit if the doctor determines that you’re currently unable to work as a result of your work-related medical condition but expects you to make a recovery. It’s available for up to two years, if you don’t recover enough to return to work or qualify for a different type of benefit first.
  • Temporary partial disability — You receive this benefit if the doctor decides that you can return to work with physical restrictions (such as a limit on how much you can safely lift) from which you might recover, but you aren’t able to earn more than 80 percent of your pre-accident wages. It’s available for up to two years.
  • Impairment income — This benefit is paid if you have reached maximum medical improvement, meaning your medical condition is not expected to improve significantly but you still have limitations on your work activity. The doctor will assign you a permanent impairment rating (expressed as a percentage) that determines the number of weeks you will be entitled to receive this benefit.
  • Permanent total disability — You receive this benefit if you have reached maximum medical improvement but are permanently unable to work. Some particularly severe injuries, such as the amputation of a limb or a severe brain injury, are automatically considered permanent total disabilities. You will normally be entitled to receive this benefit until you’re 75 years old.

In each case, you will be entitled to a percentage of your average weekly wage (minus any earnings you received while partially disabled or impaired), up to a maximum rate, which increases each year. The maximum rate is $1,099 as of 2022.

Unfortunately, you can’t always depend on getting adequate compensation for lost wages. You may need a dedicated workers’ compensation attorney to help you receive the benefits to which you are entitled.

Vassallo, Bilotta & Davis helps injured clients in Florida with obtaining workers’ compensation benefits and with appeals of denied claims. Please call 561-471-2800 or contact us online to schedule a free initial consultation at one of our offices, located in West Palm Beach and Stuart.


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  • West Palm Beach Office
    2001 Palm Beach Lakes Blvd.
    Suite 204
    West Palm Beach, Florida 33409
    Phone: 561-471-2800
    Fax: 561-471-2818
  • Stuart Office
    50 E. Ocean Blvd.
    Stuart, Florida 34994
    Phone: 772-221-8262
Verdicts & Settlements
  • "$3,200,000 -- Motorcycle crash causing abdominal injuries* Defendant who was driving a van which struck our client only had $10,000 insurance coverage. Due to the failure of the insurer to timely resolve the case we obtained a settlement of 3.2 million."

  • "$2,156,249 -- Slip & fall causing low back injuries* Defendant grocery store put out wet floor signs due to a leaking freezer. Client fell while walking down the aisle. Defendant claimed client was 100% at fault. A jury found no responsibility on the client and awarded over 2.1 million in damages."

  • "$1,550,000 -- Tractor Trailor crash causing back injuries * Defendant trucking company claimed their driver was not at fault for a crash on I-95 and blamed a phantom vehicle After a trial the jury awarded our client over 1.5 million in damages."

  • "$1,417,937 -- Car crash causing injuries to an elderly couple.* Defendant claimed the husband who was 83 years old violated defendant's right of way. After a trial the jury awarded the husband and wife over 1.4 million."

  • "$1,000,000 -- Full-size Pickup Truck striking the back of client's car* Defendant denied liability claiming they were pushed from behind into our client. The case settled after a 2 week trial, while the jury was out deliberating."