Who is Eligible for Workers’ Compensation?

Who is Eligible for Workers’ Compensation?

On Behalf of Rosenthal, Levy, Simon & Sosa | March 12, 2025 | Workers' Compensation

Workers’ compensation covers lost wages and reasonable medical expenses for employees who are injured or fall ill in the course of their employment. Workers’ compensation insurance offers both temporary and permanent disability benefits, with temporary total disability (TTD) benefits being the most common benefit plan for Florida workers. For dependents of a deceased worker, it provides funeral and burial costs, as well as weekly wage replacement. Florida businesses that employ four or more employees, part-time or full-time, are required to carry workers’ compensation, with limited exceptions.

With over 35 years of experience helping individuals recover just compensation, the legal team at Rosenthal, Levy, Simon & Sosa is ready to represent your interests. If you were recently injured on the job, our West Palm Beach workers’ compensation lawyers are here to recover maximum compensation on your behalf.

How Do Benefits Work Under Workers’ Compensation?

Worker’s compensation is a type of employer-provided insurance that offers wage replacement, coverage for medical expenses, and death benefits. To qualify, you must have suffered a work-related injury or occupational illness. However, benefits will not begin until you have missed at least 21 days of work. At that time, you will be retroactively compensated for the first consecutive days of missed work. The Florida legislature has set a maximum weekly compensation rate that is adjusted based on inflation each year, regardless of a person’s income. In 2025, weekly compensation is capped at $1,295.

West Palm Beach Workers’ Compensation Disability Benefits

Florida workers’ compensation insurance offers four types of disability benefits:

• Temporary Partial Disability (TPD): Under TPD, you may be allowed to work, but a physician may require you to perform lighter duties. However, performing lighter duties typically means that you will be compensated far less. Wage replacement benefits equal the difference between 80% of your average weekly wages (AWW) pre-injury and your current wages. 
• Temporary Total Disability (TTD): If your injury or occupational-related illness prevents you from working for a certain period of time, you may be eligible for TTD. Benefits will last for 104 weeks, with compensation being 66 2/3% of your AWW.
• Permanent Partial Disability (PPD): A disability that is permanent that prevents you from working as effectively or efficiently is known as a permanent partial disability (PPD). This could entail a traumatic amputation, losing the use of a body part, or being exposed to a toxic substance. PPD wage replacement is based on an impairment rating, which is determined by a physician once you recover to the fullest extent possible, known as reaching maximum medical improvement. Florida’s Workers’ Compensation Division provides a calculator to help residents estimate PPD benefits. 
• Permanent Total Disability (PTD): If an on-the-job injury or occupational illness prevents you from working for the remainder of your life, you may be eligible for PTD. Wage replacement equals 66 2/3% of your AWW, with benefits lasting until you reach 75 years of age.

Do I Need An Attorney to File a Workers’ Comp Claim in West Palm Beach?

While it is certainly feasible to file a workers’ compensation claim on your own, in hiring counsel, you have someone who will advocate for you. It is possible that the insurance company may deny your claim based on a lack of proof that your injury happened on the job. When you work with our West Palm Beach workers’ compensation lawyers, you know that you are taking all possible steps to recover fair compensation for your injuries. Our attorneys will investigate your claim and gather the necessary information to make sure that you are awarded the benefits you deserve. Every penny counts, so we believe that no claim is too small for us to take on.

Speak with Our West Palm Beach Workers’ Compensation Attorneys

Getting hurt or falling ill due to your job can prevent you from supporting your family. At Rosenthal, Levy, Simon & Sosa, our West Palm Beach workers’ compensation lawyers are dedicated to helping hard-working individuals such as yourself regain autonomy. If you have recently been injured at work or have been impacted by an occupational-related disease or illness, we want to hear from you. To schedule your free consultation, contact us online or by phone today.