Florida Workers’ Compensation Lost Wage Benefits
Workers’ Comp Checks Stopped or Never Started?
If a work injury has kept you from working, or has limited what you can earn, you may be wondering why workers’ compensation checks have not started or why payments suddenly stopped.
These wage-replacement payments are often called indemnity benefits. Whether benefits are payable can depend on your medical work status, earnings, average weekly wage, and what has happened in the workers’ compensation claim.
Should workers’ comp be paying me if I cannot work because of my injury?
Florida workers’ compensation law provides temporary disability benefits in certain circumstances when a work injury prevents an employee from working or reduces the employee’s ability to earn wages. These benefits are commonly called indemnity or lost-wage benefits.
Whether a particular worker should be receiving checks depends on the medical work status, post-injury earnings, average weekly wage, compensability of the claim, and other facts.
What Are Indemnity Benefits in Florida Workers’ Compensation?
“Indemnity” is the term commonly used for workers’ compensation payments that replace some of the wages an injured worker loses because of a compensable work injury.
For an injured worker who has not yet reached maximum medical improvement, the two types most commonly involved are temporary total disability and temporary partial disability benefits.
Temporary Total Disability
TTD generally applies when a work injury temporarily prevents an injured employee from working.
Temporary Partial Disability
TPD can apply when an injured worker has medical restrictions that affect the ability to return to work or earn pre-injury wages.
The fact that someone can perform some type of work does not necessarily mean that wage-replacement benefits are no longer an issue.
What If the Doctor Takes Me Completely Out of Work?
When a compensable work injury results in temporary total disability, Florida law generally provides compensation at 66 2/3 percent of the injured worker’s average weekly wage, subject to the statutory limits and exceptions.
Workers’ comp checks are not usually the same as your regular paycheck.
Florida’s temporary total disability benefit is generally based on a percentage of the worker’s average weekly wage rather than 100 percent of the wages the employee was earning before the accident.
Temporary disability benefits are also subject to statutory duration limits and generally end when the injured worker reaches maximum medical improvement or the applicable maximum period of temporary disability benefits is reached.
Determining the correct payment can therefore involve more than simply looking at the employee’s most recent paycheck. The calculation of the average weekly wage can itself become a disputed issue in some claims.
What If I Am on Light Duty but Cannot Earn My Normal Wages?
Being released to restricted or light-duty work does not automatically mean that all wage-replacement benefits end.
Florida’s temporary partial disability statute addresses situations where medical restrictions from the work injury affect the employee’s ability to return to work and the worker has not yet reached maximum medical improvement.
Temporary partial disability can potentially apply when an injured employee returns to work with restrictions but earns less than the statutory threshold compared with the pre-injury average weekly wage.
The statute also addresses situations where the employee is unable to return to work within the accident-related restrictions and is earning no wages.
The medical restrictions, whether suitable work is available, what the employee is actually earning, and the history of the claim can all affect whether temporary partial disability benefits are at issue.
When Payments Never Begin
What If My Workers’ Comp Checks Never Started?
Florida law contains specific timing rules for the commencement of certain disability payments.
For total disability benefits, when disability is immediate and continuous for at least eight calendar days after the injury, section 440.20 generally requires the carrier to pay the first installment or deny compensability no later than the 14th calendar day after the employer receives notice of the injury.
Compensation is generally not payable for the first seven days of disability.
If the disability lasts more than 21 days, Florida law provides for compensation from the commencement of the disability.
Florida law contains different timing provisions for total and partial disability benefits, so not every unpaid period should be evaluated in exactly the same way.
A worker may know that the doctor has taken them out of work but still have no idea whether the carrier has received the medical information, whether the claim is being denied, whether the carrier disputes the wage calculation, or whether some other issue is preventing payment.
What If My Workers’ Comp Checks Suddenly Stop?
A sudden interruption in indemnity payments can happen for different reasons.
Florida Statute § 440.20 provides that when the carrier suspends or stops compensation payments, the carrier must immediately notify the injured employee, the employer, and the Division of Workers’ Compensation.
A doctor may release the worker to different restrictions or to full-duty work.
Post-injury earnings can affect the type or amount of temporary disability benefits.
Reaching MMI can affect temporary disability benefits and may shift the claim to other benefit issues.
The carrier may dispute continuing disability, medical restrictions, compensability, earnings, or another aspect of entitlement.
Some payment changes may be supported by the facts of the claim. Others may involve a dispute over whether benefits should have stopped at all.
A workers’ compensation lawyer can review the payment history, medical work status, carrier notices, and wage information to determine what issue is actually causing the interruption.
What If My Workers’ Comp Check Is Late or Missing?
Florida law contains provisions addressing late workers’ compensation payments.
Whether a payment was actually due, when it became due, and why it was not paid are important to determining whether those provisions apply.
Section 440.20 provides a 20 percent penalty for certain disability installments payable without an award that remain unpaid more than seven days after becoming due, subject to statutory exceptions.
Florida law provides interest at 12 percent per year on an installment of compensation that is not paid when due, with the statutory minimum interest payment also applying.
Looking at the Whole Claim
What Can a Workers’ Compensation Lawyer Review When Checks Are Missing?
The reason you are not receiving checks is not always obvious from looking at the payment history alone.
A legal review can connect the wage issue with the medical and procedural parts of the workers’ compensation claim.
What restrictions or out-of-work status has been documented?
Did checks never begin, become delayed, or suddenly stop?
What wage information is being used to calculate the compensation rate?
Has the worker returned to work, earned reduced wages, or had no work available within the restrictions?
What explanation has the carrier provided for starting, changing, suspending, or stopping benefits?
Which specific weeks are disputed, and could penalties or interest potentially be involved?
If you are unable to work and the checks are not coming, it is worth finding out why.
Tell us what your doctor said about work, whether you have returned to your job, and what the insurance company has or has not paid. We can discuss the circumstances of your claim.
Common Questions
Florida Workers’ Comp Lost Wage FAQs
What are indemnity benefits in Florida workers’ compensation?
Indemnity benefits are workers’ compensation payments related to disability and lost earning capacity. Temporary total disability and temporary partial disability are two common forms of indemnity benefits for workers who have not yet reached maximum medical improvement.
How much does Florida workers’ comp pay if I am completely out of work?
Temporary total disability is generally paid at 66 2/3 percent of the injured worker’s average weekly wage, subject to the statutory maximum and other provisions of Florida law.
Can I receive workers’ comp checks if I am on light duty?
Possibly. Florida’s temporary partial disability provisions address situations where accident-related restrictions reduce an injured worker’s ability to return to work or earn pre-injury wages. The individual work restrictions, earnings, and other claim facts matter.
What if my employer has no work within my restrictions?
Florida’s temporary partial disability statute addresses circumstances where accident-related restrictions prevent an employee from returning to work and the employee is earning no wages. Whether benefits are payable in a particular claim depends on the medical restrictions and other facts.
How soon should workers’ comp checks start in Florida?
The answer depends on the type of disability benefit. For certain total disability claims involving immediate and continuous disability of at least eight calendar days, Florida law generally requires the carrier to make the first payment or deny compensability no later than the 14th calendar day after the employer receives notice of the injury.
Why would workers’ comp suddenly stop paying me?
Payment changes can involve medical work status, a return to work, post-injury earnings, maximum medical improvement, reporting issues, or a new dispute about continuing entitlement. The reason should be evaluated based on the individual claim.
Can workers’ comp owe a penalty for a late check?
Florida law provides penalties for certain late disability installments and also provides interest on compensation that is not paid when due. Whether a penalty or interest applies depends on the payment, due date, reason for delay, and other statutory requirements.
Do I need a lawyer if my workers’ comp checks stopped?
An injured worker is not required to hire an attorney. A workers’ compensation lawyer can, however, review the medical work status, wage calculation, payment history, carrier notices, and disputed periods to explain how Florida law may apply.
Michelle Chase, Esq.
Michelle Chase represents injured workers throughout Florida. Before focusing her practice on workers’ compensation, she served as a prosecutor. She has more than 10 years of legal experience and founded Chase Injury Law to provide injured workers with direct, knowledgeable representation.
Learn more about Michelle →Florida Workers’ Compensation Resources
This guide is based on Florida’s workers’ compensation statutes and information published by the Florida Division of Workers’ Compensation.
Unable to work but the workers’ comp checks are not coming?
Chase Injury Law represents injured workers throughout Florida. If your wage checks never started, suddenly stopped, or do not appear to match your work status, we can review what happened and discuss how Florida workers’ compensation law may apply.
Legal information disclaimer: This page is provided for general educational information only and is not legal advice. Florida workers’ compensation indemnity benefits are fact-specific, and entitlement to benefits may depend on medical work status, average weekly wage, post-injury earnings, maximum medical improvement, compensability, payment history, reporting requirements, and other circumstances. Nothing on this page should be relied upon to determine whether a particular payment is due, calculate benefits, evaluate a deadline, or make decisions concerning a workers’ compensation claim. Reading this page, submitting a contact form, or speaking with Chase Injury Law does not create an attorney-client relationship. An attorney-client relationship is established only through a signed representation agreement.