Understanding Your Disability Benefits Protecting The Rights Of Employees Statewide

Disability Benefits Lawyer in Miami

Types of Disability, Wage Replacement, & More

Workers' compensation provides financial benefits to reimburse injured workers for lost wages. Unfortunately, the process is not always straightforward, and you may need a lawyer to get the wage benefits you are entitled to receive.

AtTouby, Chait & Sicking, PL, our Miami disability attorneys have the experience to help you obtain workers' comp benefits. Employees who are temporarily partially disabled but are expected to be able to return to work with restrictions typically receive temporary partial disability benefits. Workers who are totally disabled but are expected to recover and to return to work at some time in the future typically receive temporary total disability benefits. Navigating these legal areas can be problematic, and hiring a lawyer is often the smartest way to go.

Temporary Total and Partial Disability

Florida provides two types of temporary disability benefits to compensate for a portion of your lost wages:

  • Temporary total disability: If you cannot work due to a work-related injury or illness, your wage replacement benefits should be 66 2/3 percent of your regular wages at the time you were injured. This is subject to a statewide maximum reimbursement amount. There are no temporary disability benefits for the first seven days of disability unless the disability lasts for more than 21 days.
  • Temporary partial disability: If the doctor says you can return to work with restrictions, you may be eligible for these benefits if you cannot earn 80 percent of your wages at the time the injury occurred.

Impairment Benefits and Permanent Total Disability Benefits

If the doctor says that you are at maximum medical improvement (MMI) and your condition is not expected to improve, you will be evaluated for possible permanent work restrictions. You will also be given an impairment rating that may result in receiving impairment benefits. If after reaching MMI your injuries are still severe enough to prevent you from doing any work, you may be entitled to receive permanent total disability benefits.

If you believe you may be entitled to disability benefits, contact us today at (305) 257-9472 to schedule a free consultation. Our Miami disability lawyers look forward to hearing from you!

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