How Lost Wage Benefits Work in Florida Workers’ Compensation
According to the Florida Worker’s Compensation statute, injured workers are paid lost wages for the time that they are out of work under two circumstances:
First, if an injured worker is completely unable to work as indicated by their treating physicians, they are entitled to a benefit called temporary total disability benefits.
Then, once a worker progresses to the point that they are able to return to work, albeit with restrictions, the benefit entitlement changes to a classification called temporary partial disability benefits.
The conflict in Florida occurs when the treating physician indicates that the injured worker is able to return to work but with restrictions that the employer is or is not able to accommodate.
If the employer is unable to accommodate the restrictions assigned by the doctor, the injured worker remains on temporary partial disability status and is paid lost wage benefits by the insurance company.
Why Insurance Companies Push Employers to Offer Light-Duty Work
In many instances, the insurance company will put pressure on the employer to offer the injured worker work so that the insurance company does not have to continue payment of those temporary partial disability benefits.
Understanding that the employer did not hire the injured worker to perform a light duty position, employers are usually reluctant to bring injured workers back in a modified work or light-duty capacity.
However, faced with the pressure from their insurance company to make some type of an offer, employers often make light-duty offers to clients with the hope or presumption that the injured worker will not return to work.
The Risk of Refusing a Light-Duty Job Offer
Under the Florida Worker’s Compensation statute, if the employer makes a good faith job offer for the injured worker to return to work within the restrictions assigned by the physician, the employee must return to work or face suspension of their temporary partial disability benefits.
Trusted Counsel from Founding Partner, Stephen Berlin
“If work is refused, even if offered on a very limited basis, the insurance company can deny temporary partial disability benefits on the basis of the defense that the injured worker is voluntarily limiting their income.“
Why We Always Tell Clients to Show Up
We always advise our clients to return to work for the employer when light-duty work or modified work is offered, even if on a very part-time basis. There are two reasons why we recommend that our clients attempt to return to work if light duty is offered.
What Happens When the Work Doesn’t Actually Exist
First, in almost all situations, the employer does not have light duty work available, even though they are representing that such work is available. If that occurs and the employee attempts to return to work, usually the employer will send the employee home and the temporary partial disability benefits from the insurance company will continue. However, it completely eliminates the insurance company’s ability to deny benefits on the basis of voluntary limitation of income.
What to Do When the Job Offer Exceeds Your Restrictions
Second, even if the employer does offer some type of modified work, in many instances the work that is being offered is not consistent with the work restrictions assigned by the treating physician.
In that situation, so as to avoid reinjury, we advise our clients to refuse all work-related tasks that go above and beyond the restrictions assigned by their physician(s). Then, it is incumbent on the employer to either modify the work tasks so that they are consistent with the restrictions assigned by the doctor or send the client home on the basis that they are unable to accommodate the work restrictions.
In either of these situations, the client remains paid either temporary partial disability benefits by the insurance company or wages by the employer.
Your Benefits Are Worth Protecting. We Can Help.
Navigating light-duty job offers and protecting your workers’ compensation benefits can be complicated, and the stakes are high. One misstep could mean the suspension of the benefits you’re entitled to.
If you’ve been injured on the job and your employer has made a light-duty work offer, or if the insurance company is pressuring you to return to work before you’re ready, don’t go it alone. Our experienced Florida workers’ compensation attorneys are here to guide you every step of the way.
Contact us today for a free consultation. We’ll review your situation, explain your rights, and make sure you never leave benefits on the table.
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