What Happens to My Benefits When I Return to Work in FL?

One of the most common questions workers who sustain injuries on the clock have is in regards to their benefits when they return to work. It’s imperative to understand that your doctor is required to clear you to return to your position, but they may impose restrictions in place that cause you to earn less than you previously did. As such, it’s important to understand the benefits in place to help you recover a portion of your lost wages. The following blog explores these matters in further detail, including working with an experienced Florida workers’ compensation attorney to discuss your legal actions during these difficult matters.

How Do Workers’ Compensation Benefits Work?

In Florida, when you sustain a workplace injury and qualify for workers’ compensation, a portion of the funds you will receive includes compensation for lost wages. As such, if you are unable to work or cannot work at your previous average weekly rate, you can receive compensation to help you recoup some of these losses.

Generally, there are four types of liability compensation you can receive. This includes the following;

• Temporary total disability – you are unable to work for a period of time
• Temporary partial disability – you are able to work, but with temporary restrictions in place
• Impairment income benefits – you reach maximum medical impairment, but you have permanent work restrictions
• Permanent total disability – you can never work again as a result of the severity of your injuries

Can I Collect Benefits if I Return to Work?

If you were on temporary total disability, meaning your doctor prohibited you from working for a period of time, and you are cleared to return to work, it’s important to understand that your benefits will depend on your capacity to perform your job duties. For example, if you are permitted to return to work following an injury but in a reduced capacity, you can collect temporary partial disability benefits.

Temporary partial disability allows you to collect a portion of your lost wages following your return to work if you are earning less than 80% of your previous weekly wages. For example, if you are restricted to light duty or you can receive a portion of the funds you lost. You should note that temporary partial disability lasts up to 104 weeks or until you’ve reached maximum medical improvement (MMI), whichever comes first.

However, in the event your workplace injury results in a disability that leaves you unable to perform the essential functions of your previous position, and your employer has found another position within the company, you can qualify for impairment income benefits. This applies when your condition will no longer improve and your doctor imposes permanent work restrictions. However, you should note that you will be subject to an impairment rating to determine how much compensation you should recover while continuing to work in your new capacity.

As you can see, workers’ compensation benefits can be incredibly complex and difficult to navigate. That is why connecting with an experienced criminal defense attorney with the Law Firm of Kevin A. Moore is critical. Our dedicated legal team understands how difficult this process can be, so we will do everything possible to help you fight for the compensation you deserve. Contact us today to learn how we can fight for you.