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How Long Can You Be On Workers’ Compensation in Florida? 

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The duration of your workers’ compensation benefits in Florida will depend on the nature and extent of your work-related injury and whether that injury is temporary or permanent. Moreover, under Section 440.15 of the State’s workers’ compensation laws, your benefits for a temporary partial disability will cease after 104 weeks, regardless of whether your recovery from that disability is complete. Benefits for permanent disabilities will continue for a more extended period.  

At Kogan & DiSalvo in South Florida, we know that injured workers often need the assistance of an experienced workers’ compensation attorney to collect the full amount and duration of benefits they deserve. We leverage our considerable resources to push back on insurance companies to achieve the largest and longest benefits payments for Florida workers that have experienced on-the-job injuries.  

How long can you receive workers’ comp benefits in Florida for a temporary disability? 

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Within the 104-week statutory cap, an injured employee can recover workers’ comp benefits. These benefits include replacing up to two-thirds of their regular wages for at least as long as the employee is unable to work and the employer cannot accommodate injury-related limitations.  

Workers’ comp insurance will also reimburse the employee’s medical costs and expenses as long as they are related to authorized treatments provided at least once every 12 months. 

What criteria do workers’ comp insurers use in Florida to evaluate a permanent disability? 

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An insurance company-approved physician will determine the extent of your permanent disability and establish when you have reached the maximum medical improvement (MMI). At that time, the physician will also assign an impairment rating that forms the basis of the amount and duration of the benefits you will receive. 

If you disagree with the physician’s impairment rating, contact a Florida worker’s compensation lawyer immediately for assistance in challenging the physician’s judgment. Medical professionals have extensive education and diagnostic experience. However, in many cases, their decisions are subjective.  

In addition, these decisions can be based on generic data that compares your injuries with a large pool of workers who have sustained similar injuries. Our skilled team can help you challenge a doctor’s diagnosis. 

Are there limits on the duration of workers’ comp benefits for a permanent disability? 

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Suppose a work-related injury causes an injury that prevents the employee from ever returning to work. In that case, they can recover workers’ comp benefits equal to up to two-thirds of their wages until they are 75. Under complex “reverse offset” rules in Florida, those benefits may need to be coordinated with any Social Security benefits the injured worker is entitled to receive.  

Injured workers give themselves the best opportunity to recover the largest aggregate amount of benefits when represented by qualified workers’ compensation attorneys who can optimize the coordination of these benefits. 

We Help Injured Florida Workers Get the Workers’ Comp Benefits They Deserve 

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We offer complimentary reviews of injuries caused by on-the-job accidents and an injured employee’s right to pursue workers’ compensation benefits. We have offices in Boca Raton, Delray Beach, West Palm, and the counties surrounding those communities. Please contact us for a no-fee, no-obligation consultation. We work on a contingency basis, so there are no upfront legal fees.  

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