Question 1

What Does “Lost Wages” Mean in a Workers’ Comp Case?

Accepted Answer

Lost wages refer to the income you’re missing out on because your work injury prevents you from performing your usual job duties. Under Florida law, your workers’ compensation claim may include wage replacement benefits if your doctor restricts you from working entirely or limits the type of work you can do.

Depending on your situation, lost wage benefits may cover:

Full missed work if you’re completely unable to perform your job
Partial missed work if you can only do limited tasks or work reduced hours
Lower wages if you return to a light-duty role that pays less than your regular job
Future wage loss if your injury causes long-term or permanent impairment

These benefits are not the same as your regular paycheck. They’re calculated according to a specific formula set by Florida law, and they’re typically less than your full wages.

Question 2

How Are Lost Wages Calculated in Florida?

Accepted Answer

Florida workers’ compensation laws base your lost wage benefits on your Average Weekly Wage (AWW). This figure is used to determine the amount of money you’ll receive while recovering.

Step 1: Determine Your Average Weekly Wage

Your AWW is the average amount you earned each week over the 13 weeks prior to your injury. This includes:

Hourly or salaried wages
Overtime pay
Bonuses and commissions
Non-cash compensation (like housing or meals, if part of your job)
Income from a second job, if your employer knew about it

If you didn’t work a full 13 weeks, your AWW may be based on what a similar employee earned during that period, or on your employment contract or hourly rate.

For example, if you earned $13,000 in the 13 weeks before your injury, your AWW would be:

$13,000 ÷ 13 weeks = $1,000 AWW

Temporary Total Disability (TTD) Benefits

If your authorized doctor says you cannot work at all, you may qualify for Temporary Total Disability benefits.

TTD benefits are typically 66 2/3% of your AWW, up to a maximum set by state law each year. For 2024, the maximum weekly benefit is $1,260.

Using the example above, if your AWW is $1,000:

$1,000 x 66.67% = $666.70/week

These payments are generally tax-free and continue until:

You reach Maximum Medical Improvement (MMI)
You are released to return to work
You reach the statutory limit for TTD (104 weeks)
Temporary Partial Disability (TPD) Benefits

If your doctor clears you for light-duty or part-time work that pays less than your regular job, you may qualify for Temporary Partial Disability benefits.

TPD is calculated as:

80% of the difference between your pre-injury AWW and your post-injury earnings

Let’s say your AWW was $1,000, but your light-duty job now pays $600/week. The difference is $400.

$400 x 80% = $320 in weekly TPD benefits

This is meant to help bridge the gap between your reduced wages and your usual income.

To qualify for TPD, your doctor must confirm you have work restrictions, and you must be earning less than 80% of your pre-injury AWW.

Impairment Income Benefits (IIB)

Once you reach Maximum Medical Improvement (MMI), your doctor will evaluate whether you have any permanent impairments. If so, you may receive Impairment Income Benefits (IIB), which are based on:

Your AWW
Your impairment rating (a percentage that reflects how much function you’ve lost)
A statutory payment schedule

For example, a 5% impairment rating might qualify you for several weeks of additional benefits. This payment is still calculated using your AWW, but at a lower percentage, typically 50% of your AWW.

Question 3

What If You Can Never Return to Work?

Accepted Answer

In cases of severe injury—such as paralysis, traumatic brain injury, or amputations—you may be considered permanently and totally disabled. In these situations, you could qualify for Permanent Total Disability (PTD) benefits, which pay 66 2/3% of your AWW for the rest of your life, with cost-of-living adjustments starting after age 62.

Question 4

What Happens If You Had Multiple Jobs?

Accepted Answer

If you worked a second job and your primary employer knew about it, income from that job may be included in your AWW calculation. This can increase your benefits significantly. However, if the second job wasn’t disclosed or isn’t covered by Florida’s workers’ comp system, it might not count. Rest assured, our Florida workers’ compensation attorneys help workers gather all relevant income information and ensure their full earnings history is factored in.

Question 5

What If the Insurance Company Disputes Your Wages?

Accepted Answer

Unfortunately, wage disputes are common in Florida workers’ comp cases. The insurer may try to:

Use a lower AWW than you actually earned
Exclude overtime, tips, or bonuses
Ignore income from a second job
Argue that you're able to work more than you actually can

If this happens, our legal team can request your payroll records, challenge inaccurate calculations, and represent you in hearings to fight for the full amount you’re owed.

We’ve handled wage disputes for injured warehouse workers who were misclassified, for bus drivers whose overtime was left out, and for teachers whose contracts weren’t properly considered. You don’t have to accept the insurance company’s word. Our Florida workers’ compensation lawyers will review everything.

Question 6

What About Missed Time for Doctor Appointments?

Accepted Answer

If you return to work but need to leave for authorized medical treatment, Florida law requires your employer to accommodate your schedule. However, you may not be paid for that time unless the appointments cause a reduction in your wages.

In that case, Temporary Partial Disability benefits may apply to cover the gap. We can help document and file for those partial losses.

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How Are Lost Wages Calculated?

What Does “Lost Wages” Mean in a Workers’ Comp Case?