Temporary partial disability benefits in Florida are a form of workers’ compensation benefits that are available to injured workers who can return to work light duty, but are not able to earn the same wages they did prior to their injury. Specifically, less than 80% of his/her preinjury wages.
Temporary partial disability benefits are designed to provide a partial replacement of the wages that the injured worker has lost due to their injury. These benefits are typically paid at a rate of 64% of the worker’s pre-injury wages.
In order to be eligible for temporary partial disability benefits, the injured worker must NOT be able to earn at least 80% of their pre-injury wages as a result of his/her injury.
Temporary partial disability benefits can be denied for several reasons in Florida. Some of the common reasons for the denial of temporary partial disability benefits include:
Failure to provide medical evidence: In order to receive temporary partial disability benefits, an injured worker must provide medical evidence that demonstrates their inability to perform his/her preinjury job. If the injured worker fails to provide sufficient medical evidence, their claim for temporary partial disability benefits may be denied.
The employer disputes the claim: In some cases, employers may dispute an injured worker’s claim for temporary partial disability benefits. This can occur if the employer believes that the worker is capable of earning their pre-injury wages or if the employer disputes the extent of the worker’s injury, OR the injured workers has refused suitable light duty work.
The injured worker’s job is terminated: If an injured worker is terminated from their job for MISCONDUCT, their benefits may be denied.
Failure to follow reporting requirements: In Florida, injured workers must follow specific reporting requirements when they return to work on light duty (employee earnings reports). If the injured worker fails to follow these requirements, their temporary partial disability benefits may be denied.
The injured worker’s medical condition improves: If the injured worker’s medical condition improves to the point where they are able to earn their pre-injury wages, their temporary partial disability benefits may be terminated or eliminated.
It is important to note that the calculation of temporary partial disability benefits can be complex and it is recommended to seek the assistance of an experienced workers’ compensation attorney to ensure the preservation of benefits.
Temporary Partial Disability benefits are the most commonly indemnity benefit denied and can be incredibly complex based on a myriad of factors. It is important to seek our legal advice early in this process, to make sure that suitable employment is not being refused and unsuitable employment is challenged.
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