Lost Time Benefits Lawyer
If you were injured at work and cannot return to your job right away, lost time benefits may help replace a portion of your wages. These benefits are a key part of Florida’s workers’ compensation system, but obtaining them is not always straightforward.
Delays, disputes, and denials can leave you without income when you need it most. Our lost time benefits lawyers at Smith, Feddeler & Smith, P.A. can help you understand your rights and next steps.
Call (863) 355-4204 or contact us online to schedule a free case evaluation.
What Are Lost Time Benefits in Florida Workers’ Compensation?
Lost time benefits are wage replacement payments provided when a work injury prevents you from performing your job. These benefits are typically available after you have missed more than seven days of work due to your injury.
Compensation is based on a percentage of your average weekly wage, with caps for higher earners under Florida Statutes § 440.12. Your benefits may not equal your full paycheck, but they are intended to provide some financial support during recovery. This calculation may include not only your base pay but also overtime, bonuses, and other earnings over the previous 13 weeks. Factors that may affect your benefits include:
- Your recent earnings history prior to the injury
- The type of disability classification assigned
- Whether you are able to return to light-duty work
- Changes in your medical condition over time
Errors in calculation can directly affect the amount you receive. Our workers’ compensation attorneys can review every detail to ensure your benefits reflect your actual earnings.
Types of Lost Time Benefits You May Receive
Lost time benefits are not all the same. The type of benefit you receive depends on your medical condition and your ability to return to work.
Temporary Total Disability (TTD)
Temporary total disability benefits apply when you are completely unable to work for a period of time. These payments are typically a percentage of your average weekly wage and continue until your condition improves.
Temporary Partial Disability (TPD)
Temporary partial disability benefits may apply if you can return to work in a limited capacity but earn less than you did before the injury. These benefits help make up part of the income difference.
Impairment Income Benefits (IIB)
Once you reach maximum medical improvement, you may qualify for impairment income benefits if your injury results in lasting limitations. These benefits are based on an impairment rating assigned by a physician.
Each category has specific requirements, and our workers’ compensation attorneys can help determine which benefits apply to your situation.
When Lost Time Benefits Are Delayed or Denied
Delays and denials are common for injured workers seeking lost time benefits. Insurance carriers may request additional documentation, question the severity of the injury, or dispute whether the injury is work-related.
Common issues include:
- Disputed work status: Claims that you are able to return to work sooner than expected.
- Wage calculation errors: Incorrect calculation of your average weekly wage.
- Missed deadlines: Delays in reporting or filing paperwork.
- Medical disputes: Conflicting opinions about your condition or restrictions.
When these issues arise, our firm can address disputes and keep your claim moving forward.
Steps to Take If You Are Not Receiving Lost Time Benefits
If your benefits have been delayed or denied, taking action early can help protect your financial stability. Several steps can help strengthen your position.
- Report your injury promptly: Timely reporting within 30 days is required under Florida law.
- Follow medical advice: Consistent treatment supports your claim.
- Keep records: Document missed workdays, medical visits, and communications.
- Request clarification: Ask for written explanations of any benefits denial or delay.
These steps can help build a stronger foundation for an appeal if a dispute arises.
Why Choose Smith, Feddeler & Smith, P.A.?
At Smith, Feddeler & Smith, P.A., we are not a firm that settles for quick outcomes at the expense of our clients. We are in this for the long haul, and insurance companies know it. Because we are willing to take a case all the way to trial, we carry real negotiating power that benefits our clients during every stage of the claim.
Our team brings decades of combined experience to workers’ compensation claims across Florida. That history means we have seen nearly every tactic insurers use to minimize or deny benefits, and we know how to respond. Lost time benefit claims require careful attention to detail, from wage calculations to medical documentation, and we do not let the small things slip.
We focus on clear communication at every step so you know what is happening with your case. You can explore our results and read client testimonials to see how we have supported others in similar situations.
Frequently Asked Questions About Lost Time Benefits
When Do Lost Time Benefits Start?
Under Florida Statutes § 440.12, lost time benefits typically begin after you have missed more than seven days of work due to your injury. If your disability continues beyond 21 days, you may also receive payment covering the initial waiting period.
Can I Receive Benefits If I Return to Work Part-Time?
Yes. If you return to work but earn less than your previous wages, you may qualify for temporary partial disability benefits based on the difference.
What If My Employer Disputes My Injury?
Disputes can arise, but you still have the right to pursue benefits. Medical records, accident reports, and other documentation can prove your injuries during the process.
What Happens If the Insurance Company Calculates My Wages Incorrectly?
An incorrect wage calculation can reduce every payment you receive. An attorney can review the numbers, request supporting documentation, and push back on errors before they compound over time.
Schedule a Free Case Evaluation with Our Lost Time Benefits Attorneys Today
If you are unable to work after a job-related injury, lost time benefits can provide essential financial support. Delays or denials create additional stress during an already difficult time, and the sooner you act, the better positioned you are to protect your claim.
Our work injury lawyers at Smith, Feddeler & Smith, P.A. are ready to help. Call (863) 355-4204 or contact us online to schedule your free case evaluation.
Phone calls were returned timely. I was kept informed of my case and my questions were answered. The staff was professional, courteous, concerned and caring. Overall my experience with this law firm was good and I would recommend them to a friend.
- Rhonda D.
Keep up the good work!
- Thomas B.Everyone who I had the pleasure in talking to or email correspondence has been great and professional. Thank you all for the good service.
- Elixsandra F.Everyone in the office was always helpful and did everything to help up on the case.
- Thomas D.I appreciate all the work you all did. I will recommended Brad Smith and Smith, Feddeler & Smith to anyone who is looking for good legal help.
- Robert S.I would like to thank Mr. Feddeler and the Law Firm for their help in my workers; compensation case. I want to especially thank Julie for being such a special lady and for have such a patient and wonderful personality and manners. She kept me informed of what was going on and answered all my questions when I needed them.
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- Lauren M.If you ever want a good attorney who is going to fight and advocate for injured workers and knows the law of workers’ comp in the State of Florida, please contact Brad at Smith, Feddeler & Smith. I assure you they will fight for your rights and you will come out victorious, and you will be able to tell somebody else like I’m telling you.
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