FLORIDA WORKERS COMP: INDEMNITY

Orlando Workers Comp: Indemnity

Oftentimes when starting out a case, Orlando workers compensation lawyers will refer to indemnity. If you've been involved in a workplace accident in Orlando or anywhere in Florida, you may have heard your adjuster or workers comp lawyer refer to indemnity. This article will explain the basics of indemnity benefits and some of the factors to consider.

Indemnity benefits are a crucial aspect of Florida workers comp cases and are generally one of the first things your workers compensation attorney will request from the insurance carrier. In order to be eligible for indemnity benefits, the injured worker must be injured or out of work for at least seven days. 

What are Indemnity Benefits?

Simply put, indemnity refers to cash payments made from the Employer/Carrier to the injured worker. Oftentimes, the indemnity payment is directly correlated to lost wages. Indemnity benefits are also referred to as lost wage benefits. There are four primary types of indemnity:
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1. Temporary Total Disability (TTD) Benefits - An injured worker may be entitled to TTD when their workers comp doctor has placed them on no work status. TTD is paid at a rate of 66 2/3% of an injured worker's average weekly wage. In certain cases, a worker may receive benefits at the 80% rate. The higher rate is generally limited to cases involving loss of limb, paralysis, or blindness. 
2. Temporary Partial Disability (TPD) Benefits - An injured worker may be entitled to TPD benefits when their workers comp doctor has placed them on light duty status or assigned work restrictions. In cases where the employer is unable to offer an accommodating position, the injured worker can receive benefits at the rate of 80% of the difference between 80% of the employee’s pre-injury average weekly wage and their post-injury earnings. 
3. Permanent Total Disability (PTD) Benefits - An injured worker may be entitled to PTD benefits when they are totally disabled. This often occurs in cases involving loss of both arms or legs, paralysis, or blindness. PTD is paid at a rate of 66 2/3% of an injured worker's average weekly wage until the injured worker reaches age 75. 
4. Impairment Income Benefits (IIBs) - An injured worker may be entitled to IIBs if their workers comp doctor places them at maximum medical improvement (MMI) and assigns a permanent impairment rating. 

What Effects Indemnity Benefits?

There are a few factors that are considered when determining indemnity benefits. These include:

1. Average Weekly Wage (AWW) - AWW is the main factor in determining indemnity benefits rate. AWW is your average earnings in the thirteen (13) weeks before the accident. To calculate AWW add your gross earnings for the thirteen (13) weeks before the accident and divide by thirteen (13). Do not include the week or pay period that the accident occurred. If a worker was not employed for the thirteen (13) weeks preceding the accident, then a similar employees wages may be used. 
2. ​Indemnity Benefits Limit - Indemnity limits are set by statute. In 2025, the limit for both TTD and TPD is $1,295.00. 
3. Work Status - Work status directly affects eligibility for TPD benefits. If the employer has offered the injured worker a position that accommodates the workers' restrictions, then TPD may be reduced by the amount earned. If the injured worker refuses an accommodating position then TPD benefits may be stopped altogether. 
   

How do I Calculate Indemnity Benefits?

Calculating the TTD or TPD rate is often confusing. It is a complicated system that even attorneys have difficulty doing properly. Fortunately, Florida has realized this difficulty and provided calculators for TTD, TPD, and IIBs. All you need to do is enter a few details and it will do the rest. 

TTD Calculator
TPD Calculator
IIB Calculator

Why Hire an Orlando Workers Comp Attorney?

If you've made it this far, you've figured out that the Florida workers comp system is complex. If you've been injured at work in Orlando or anywhere in Florida, it’s essential to hire an Orlando workers' compensation lawyer to maximize your chances of success. A legal expert can help you file the necessary paperwork, negotiate with insurance companies, and ensure you receive the full benefits you deserve.

For a free consultation, contact Attorney Andrew Graves at (407) 308-0327 and get the legal assistance you need today.