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Workers Comp Temporary Disability Attorney in Miami, FL, Helping You During Recovery in Miami-Dade County, Broward County, Palm Beach County, and Throughout Florida

Worker’s compensation insurance is a vital safety net for employees injured on the job, providing essential benefits during recovery. One of these benefits is lost wages while the employee can’t work. The guidance of dedicated Miami temporary disability lawyer Orlando R. Murillo, who focuses particularly on cases of temporary disability, can help you secure the support you need.

Understanding Temporary Disability Benefits in Miami

Temporary disability benefits are designed to compensate workers who are temporarily unable to work because of work-related injuries or illnesses. These benefits act as a financial bridge, covering lost wages until the worker can return to work.

In Florida, there are two primary types of temporary disability:

  • Temporary Total Disability (TTD): If you are completely unable to work for a temporary period, TTD benefits are available.
  • Temporary Partial Disability (TPD): If you can work in a reduced capacity, such as performing some job duties but with restrictions on others, TPD benefits compensate for your reduced earning capacity.

As an injured worker in Miami, you have a legal right to temporary disability benefits under Florida’s workers’ compensation laws. However, getting these benefits you’re entitled to isn’t always simple. Orlando R. Murillo, a workers comp temporary disability attorney in Miami, FL, ensures that clients in situations like yours understand their rights. We can help you get the compensation to support recovery and financial stability.

Eligibility Criteria for Temporary Disability Worker’s Compensation Benefits

To qualify for temporary disability benefits in Miami, employees must meet certain criteria:

  • Employment status: The worker must be employed by a company that carries worker's compensation insurance, as this insurance is what provides the coverage for temporary disability benefits. Employers in most states, including Florida, are required to have this insurance if they have a certain number of employees.
  • Medical certification: For a worker to receive temporary disability benefits, their injury or illness must be officially certified by a medical professional as being work-related. This means the medical professional must confirm that your injury or illness occurred as a direct result of the worker's job duties or workplace conditions.
  • Reporting timelines: There are strict deadlines for reporting the injury to an employer. In Florida, the worker must inform their employer of their injury within 30 days of the accident or discovery of a work-related illness. Failing to meet this legal deadline may result in a denial of the claim.

These criteria are intended to ensure that benefits are appropriately given to those genuinely affected by workplace injuries or illnesses and help streamline the process of claims for both employees and employers.

When Might You Need Temporary Disability Workers’ Comp Benefits?

Temporary disability workers' compensation benefits are commonly needed in scenarios where an employee cannot perform their regular job duties due to an injury or illness acquired at work. Examples of situations in which you might need temporary disability benefits include:

  • Construction accidents: An employee might suffer from broken bones or back injuries that keep them out of work for weeks or months due to falls or being struck by heavy materials.
  • Office environments: Offices may not seem like particularly hazardous workplaces, but conditions such as carpal tunnel syndrome can develop from repetitive strain and poor ergonomic setups. You might be out of work while undergoing and recovering from surgery, if necessary.
  • Healthcare workers: Nurses or aides could acquire injuries from lifting patients or slip-and-fall incidents. Many types of injuries can temporarily interfere with your ability to perform physically demanding work in the healthcare field.
  • Manufacturing and warehouse jobs: Employees might experience injuries from machinery accidents or during manual handling of goods that may keep them out of work for weeks, months, or even up to two years.

Injuries in any work environment could potentially lead to temporary disabilities. For the time during which a work-related injury keeps you out of work, you may be entitled to seek temporary disability workers' compensation benefits.

Limitations on Temporary Disability Benefits in Miami

Temporary disability benefits don’t last forever or pay every dollar of compensation you’re missing out on while injured. In Florida, there are a few types of specific limitations on temporary disability benefits under workers' compensation. These limitations are designed to manage the scope and cost of workers' compensation benefits in the state.

Waiting Period for Disability Compensation

Generally, the first seven days of disability in Florida are not eligible for compensation in the form of temporary disability benefits unless the injury keeps you out of work for more than 21 days. That means that if an injury keeps you out of work for less than a week, you may not be able to recover disability pay. Having a knowledgeable workers comp temporary disability attorney in Miami, FL, review your case can help you understand what benefits you could be entitled to under Florida law.

Duration Limits for Temporary Disability Benefits

Once the injured worker recovers and is cleared to return to work, they’re no longer accruing lost wages for which they need further compensation. However, what happens if their injury keeps them out of work for a long time?

Temporary disability benefits, both total and partial, are generally capped at 104 weeks for injured workers in Florida. If you’re still unable to return to work as this date approaches, you should speak to a seasoned workers comp temporary disability attorney in Miami, FL, about exploring your options.

Reach of Maximum Medical Improvement

Temporary disability benefits aren’t guaranteed to you for the full 104 weeks permitted by this cap. Many injured workers collect temporary disability for a considerably shorter time, often under a year. Benefits may cease even if the 104-week cap has not been reached if the injured worker’s medical providers find that they have reached Maximum Medical Improvement (MMI).

Percentage of Income Awarded and Benefits Caps

Rather than awarding you your full pay, workers’ compensation insurance companies are only required to pay a portion of your lost wages. Generally, injured workers receive temporary disability benefits amounting to two-thirds (66 ⅔ percent) of their average weekly wage. However, certain severe injuries may entitle you to a higher percentage of your income for a specified length of time. An experienced Miami temporary disability lawyer can examine the unique facts of your situation and help you understand what you’re entitled to.

Benefits caps present one exception to the 66 ⅔ percent rule. The benefits you can receive for temporary disability in Florida are subject to a maximum weekly payment limit, which is based on a percentage of the state's average weekly wage. For high earners, a work injury might mean that temporary disability benefits add up to less than two-thirds of your regular income.

Combination of Benefits

In addition to temporary disability benefits, Florida workers’ compensation laws allow for permanent disability compensation. However, the combined duration of temporary and permanent benefits cannot exceed 260 weeks.

Each case is unique, and understanding the specific details of your situation is crucial. At Orlando R. Murillo, P.A., our team offers free initial consultations so you can find out how workers’ comp laws and limitations apply to your unique circumstances.

The Temporary Disability Workers’ Comp Application Process

Applying for worker’s compensation benefits involves several steps:

  1. Report the injury: First, inform your employer about the injury. You should do this as soon as possible.
  2. Seek medical attention: Get a medical examination and ensure the injury is documented.
  3. File a claim: Your employer should provide the necessary forms to file a claim with their insurance. These forms can be complicated, but a Miami temporary disability lawyer may be able to help.
  4. Documentation: Submit all required documents, including medical reports and proof of employment.

For help from an experienced Miami temporary disability lawyer who’s prepared to guide you through every step and ensure all paperwork is correctly handled, contact Orlando R. Murillo, P.A.

How Orlando R. Murillo, P.A. Can Help You

In Miami, temporary disability claims are a common aspect of worker’s compensation cases. Factors like the local economy, types of industries, and workplace safety regulations influence these claims. Understanding local nuances is essential for effective legal representation by a Miami temporary disability lawyer. Fortunately, Orlando R. Murillo, P.A. has years of experience serving injured workers in and around the Miami area.

Why Choose Orlando R. Murillo, P.A.?

Choosing the right Miami temporary disability lawyer can significantly impact the outcome of your claim. Our firm is known for:

  • Personalized attention and legal representation: With a client-centered focus, we provide personalized care and communication to every client and develop tailored strategies to maximize your benefits.
  • A proven track record: With a long history of successful outcomes in temporary disability cases, Orlando Murillo is the Miami temporary disability lawyer with the skills to handle your case.
  • A commitment to advocacy: Aggressive representation in disputed claims helps us secure your rights.
  • No upfront costs: Our firm operates on a contingency fee basis—you pay only if we win.

If you're facing a temporary disability due to a workplace injury, don't navigate this challenging time alone. Our years of experience handling temporary disability claims make Orlando R. Murillo, P.A. well-qualified to handle your workers’ compensation case.

For a free consultation with a seasoned workers comp temporary disability attorney in Miami, FL, call 786-891-5842 or fill out our simple online contact form.

Frequently Asked Questions About Temporary Disability Claims in Miami and Throughout Florida