You're Owed 66⅔% of What You Earned — Don't Accept Less

Florida's workers' compensation system entitles injured workers to wage replacement benefits while they recover, but the amount you receive depends entirely on how your wages are calculated, which type of disability benefit applies to your situation, and whether your employer reported your earnings accurately. We have spent more than 40 years making sure injured Florida workers receive every dollar the law allows.

How Florida Workers' Comp Wage Replacement Actually Works

Florida workers' compensation does not replace your full paycheck. What it does is provide a structured set of wage benefits tied to your injury severity, your recovery timeline, and your ability to return to work. Understanding which benefit category applies to you is the first step toward knowing what you're owed.

Temporary Total Disability (TTD)

If your authorized treating physician has taken you completely off work, you qualify for Temporary Total Disability benefits. TTD pays 66⅔% of your average weekly wage, calculated using the 13 weeks of earnings immediately before your injury. These benefits continue until your doctor clears you for work, you reach maximum medical improvement, or you hit the 104-week statutory cap — whichever comes first.

Temporary Partial Disability (TPD)

If your doctor has released you to light or restricted duty but you are earning less than 80% of your pre-injury wages, you may qualify for Temporary Partial Disability benefits. TPD is calculated at 80% of the difference between 80% of your pre-injury average weekly wage and what you are currently earning. This benefit is designed to bridge the gap when you are back at work but not yet back to full capacity.

Impairment Income Benefits (IIB)

Once your doctor assigns you a permanent impairment rating and declares you at maximum medical improvement, TTD and TPD stop. If you have a permanent impairment rating above zero, you become eligible for Impairment Income Benefits. These are paid at 75% of your TTD rate for a number of weeks determined by your impairment percentage. The higher the rating, the longer the benefit period.

The 13-Week Average Wage Calculation

Florida law calculates your average weekly wage using your gross earnings over the 13 weeks before the injury. This matters more than most injured workers realize. If your hours varied, if you worked multiple jobs, if you received overtime or tips, or if you were on reduced hours for reasons unrelated to your injury, the way those weeks are counted can significantly affect your benefit amount. We review every calculation to confirm your employer used the most favorable and legally correct figure.

What Happens If You Had Variable or Part-Time Income

Working part-time or having variable income before your injury does not automatically reduce your benefits. Florida's 13-week calculation is designed to capture your actual earning pattern, and in many cases, attorneys can argue for the calculation method that produces the highest average. If you held more than one job at the time of injury, wages from concurrent employment may also be included. Part-time work before the injury does not mean part-time benefits.

Employers Miscalculate Wages More Often Than You'd Think

Wage calculation errors are one of the most common problems we see in Florida workers' compensation claims. Some are honest mistakes. Others are not. Either way, an undercalculated average weekly wage means underpaid benefits for the entire life of your claim — and the difference compounds over weeks and months.

 

We audit the wage figures your employer submits. If the math is wrong, we challenge it. Common errors include omitting overtime pay, excluding tips or commissions, using fewer than 13 weeks without legal justification, and failing to account for wages from a second job. If your employer got the number wrong, we get it corrected.

When Your Employer Pushes Light Duty You Cannot Perform

Returning you to light duty work — even work your injury prevents you from performing — is one of the most common tactics used to reduce or eliminate your wage benefits. If your employer or their insurance carrier directs you to a light duty position that you genuinely cannot perform due to your injury, or that would aggravate your condition, you are not required to accept it without a fight.

 

Our attorneys challenge inappropriate return-to-work directives. We work with your treating physician to document what you can and cannot do, and we push back when the insurer's version of "light duty" does not match the medical reality of your recovery. You should not have to choose between protecting your health and keeping your benefits.

What Can Reduce or Cut Off Your Lost Wage Benefits

Florida workers' compensation wage benefits are not guaranteed indefinitely. Several circumstances can reduce what you receive or end your benefits before you are fully recovered:

 

  • Reaching the 104-week cap on TTD or TPD benefits
  • Being assigned a maximum medical improvement date before you feel fully recovered
  • Accepting a light duty assignment — even one you struggle to perform
  • Returning to work at your pre-injury wage level
  • A dispute over whether your injury is work-related
  • Failure to report your injury within 30 days of the incident

 

Understanding these triggers in advance allows us to build a strategy that keeps your benefits intact as long as the law permits.

Yellow hard hat and work gloves beside an excavator bucket on dirt ground

Common Questions About Workers' Comp Lost Wages in Florida

  • How much does workers' comp pay for lost wages in Florida?
    Florida workers' compensation pays Temporary Total Disability benefits at 66⅔% of your average weekly wage. That wage is calculated based on your gross earnings over the 13 weeks before your injury. If your hours, tips, or income varied, the calculation method can significantly affect your benefit amount.
  • How long can I receive lost wage benefits under Florida workers' comp?
    Temporary Total Disability and Temporary Partial Disability benefits are capped at 104 weeks combined. Once you reach maximum medical improvement, TTD and TPD stop. If you have a permanent impairment rating, you may then qualify for Impairment Income Benefits for an additional period based on your rating percentage.
  • What if my employer says I can return to light duty but I physically cannot?
    You have the right to challenge a light duty assignment that exceeds your medical restrictions or would worsen your condition. Our attorneys work with your treating physician to document your actual limitations and push back against return-to-work directives that do not reflect your medical reality.
  • Does working part-time before my injury reduce my workers' comp wage benefits?
    Not necessarily. Florida uses a 13-week average wage calculation, and the method applied can vary depending on your work history. In many cases, workers with variable or part-time schedules are entitled to a calculation method that produces a higher benefit amount. We review your specific situation to make sure the most favorable approach is used.
  • Can I include wages from a second job in my Florida workers' comp claim?
    Yes, in many cases. If you were working more than one job at the time of your injury, wages from concurrent employment may be included in your average weekly wage calculation. This is an area where injured workers frequently leave money on the table — we make sure all eligible income is accounted for.
  • What should I do if I think my wage calculation is wrong?
    Contact us. We review wage calculation documents as part of every workers' compensation case we handle. If your employer underreported your earnings or used the wrong calculation method, we identify the error and take action to correct it before it costs you more than it already has.

The Attorneys Handling Your Personal Injury Case

Personal injury litigation at Barbas Nunez Sanders Butler & Hovsepian is led by three attorneys whose backgrounds bring distinct strengths to every case.

Kelly Barcia Nunez

Kelly Barcia Nunez is a Florida Bar Board Certified attorney and founding partner with more than 30 years of litigation experience. Her command of Florida injury law and her direct client communication style have made her one of the firm's most trusted advocates for accident victims.

L. Gray Sanders

L. Gray Sanders spent time on the defense side of civil litigation before joining the firm, which means he approaches every personal injury case understanding exactly how the opposing carrier will evaluate and contest it. That inside knowledge shapes case strategy from the first file review.

Kristen Emerson

Kristen Emerson holds a nursing degree alongside her law license. In personal injury cases involving serious physical injuries, disputed diagnoses, or contested medical causation, her clinical background is a concrete advantage — she understands what happened to your body, not just what the records say.

Two people inspecting a black car between a blue car and a black car on a roadside

Our Attorneys Know How Insurers Calculate — and Miscalculate — Wages

We have represented injured Florida workers for more than 40 years. Several of our attorneys previously worked on the defense and carrier side of workers' compensation, which means we understand exactly how insurance companies approach wage calculations — and where they cut corners. Steve Barbas and Gray Sanders are both Florida Bar Board Certified in Workers' Compensation, a distinction fewer than 1% of Florida attorneys hold. When we audit your wage figures, we know what we are looking for.

 

If you are not sure whether your lost wage benefits are accurate, the consultation is free. We review the numbers, explain what you are owed, and take it from there.