Orlando Workers Comp Attorney Guide: What Lost Wages You’re Owed After a Work Injury
A work injury in Orlando hits two ways. First is the pain and the medical maze. Second is the income shock when your paycheck stops or shrinks. Florida’s workers compensation system exists to steady that fall, but it does not mirror your full salary and it rarely moves as quickly as your rent or car payment. Understanding exactly which wage benefits you are owed can make the difference between staying afloat or slipping behind.
I have sat with injured tradespeople who thought they had no coverage because they were paid partly in cash, hospitality workers who assumed tips didn’t count, and office staff who missed benefits because the doctor wrote the wrong work restriction. The law provides a structure, but the real outcome often turns on details: the date you reported the injury, the doctor you see, whether your employer has light duty, and how your average weekly wage is calculated. This guide walks you through lost wage benefits in Florida with a focus on what actually happens in Orange County and the surrounding area.
The backbone: lost wage benefits Florida pays
Workers compensation in Florida pays a percentage of your average weekly wage, not a flat amount. Three wage categories cover most situations:
Temporary Total Disability, often called TTD, when you cannot work at all during recovery. This pays two-thirds of your average weekly wage, up to a statewide weekly cap that changes each year, starting on the eighth day of disability. If you miss more than 21 days, days one through seven are paid retroactively.
Temporary Partial Disability, or TPD, when you can work with restrictions but earn less than 80 percent of your pre-injury average. This is common when a physician limits lifting, standing, or hours. The formula pays 80 percent of the difference between 80 percent of your pre-injury wage and what you actually earn while restricted, again subject to the cap.
Impairment Income Benefits, or IIBs, after you reach maximum medical improvement and receive a permanent impairment rating. These are paid based on that rating using a statutory schedule, even if you return to work. IIBs are not the same as permanent total disability and should not be confused with wage loss tied to job search. They are a separate category, paid at 75 percent of your TTD rate, reduced by 50 percent if you are working.
Permanent Total Disability, PTD, applies in limited situations when you cannot engage in at least sedentary work within a 50-mile radius due to the injury and vocational factors. The standard is high. If you qualify, PTD pays at your TTD rate until age 75, with cost-of-living adjustments for certain injuries.
Most injured workers in the Orlando area live inside the first two categories for months, then transition to IIBs. PTD is rare, but real for catastrophic injuries or severe combinations of physical and vocational limits.
How your average weekly wage is actually calculated
Average weekly wage, AWW, is the engine. The insurance company generally looks back 13 weeks before the injury and totals your gross wages, including overtime and certain non-cash benefits like employer-paid health insurance if it was lost due to the injury. That total is divided by 13 to get the AWW. If you did not work substantially all of those weeks, or your hours were irregular, Florida law allows alternative methods, including using a similarly situated co-worker or a reasonable estimation.
Two places people lose money: tips and overtime. Orlando’s service economy runs on tipped income, and employers sometimes underreport it, intentionally or not. If your W-2 or pay records show declared tips, they should be included in your AWW. Keep your tip logs and bank deposits. For overtime, the law includes it if it was part of your earnings in that period. A pattern of overtime is stronger than a one-off weekend.
The statewide weekly maximum benefit changes annually. If your AWW is high enough, the cap can limit your TTD or TPD. For mid-range wages, the two-thirds calculation sets your weekly check. If you earned multiple jobs’ income at the time of injury, only wages from the job where you were injured count for AWW unless both jobs were concurrent with the same employer or the same construction contractor umbrella. This surprises people who bartend nights and work retail days. An experienced workers compensation lawyer can sometimes find ways to document concurrent employment that fits within the rules, but you cannot simply add unrelated paychecks.
When checks start, and why they don’t
By statute, TTD or TPD checks are due on the 14th day after you give notice of the injury and a doctor places you out of work or on restrictions that reduce your pay. Real life is messier. Delays happen when:
The employer didn’t report the injury promptly or disputed it. You went to your own doctor rather than an authorized clinic, so the carrier says there is no compensable restriction. The initial note said “return to full duty,” which halts wage payments until restrictions are formally written. The adjuster is waiting for payroll records to calculate AWW, or the records are incomplete.
If a check is late without good cause, penalty and interest can accrue. Carriers know the rules, but you may need to prompt them with a written demand. A call from a workers compensation attorney can move things along because the next step is a petition filed with the Judge of Compensation Claims. In Orlando, most carriers respond quickly once a petition is pending, since penalties can add up and judges expect timely benefits.
Light duty and the trap of “suitable employment”
Light duty is a flash point. If the authorized doctor gives restrictions, your employer can offer a modified job within those restrictions, sometimes at your regular pay. If the job is suitable and within restrictions, and you refuse, wage benefits can be suspended. If the job is a sham or violates the restrictions, you are entitled to walk out and should report it immediately.
Good employers in Central Florida make genuine efforts: greeter positions at distribution centers, cashier only for retail associates, paperwork tasks for field techs. Others push boundaries. I have seen offers like “sit in the breakroom and be available,” or “stock light items” that later turned into lifting boxes. The risk is yours if you try to be a team player and get hurt again, so document what you are asked to do and ask for clarifying notes from the clinic.
If the employer has no light duty available, the carrier remains responsible for TTD or TPD depending on your work status. Sometimes managers say there is no light duty while HR lists openings. Speak up, in writing, so the record is clear.
The seven-day waiting period and retroactive pay
Florida has a waiting week. You do not receive wage loss for the first seven days of disability unless you miss more than 21 days in total. Many people misunderstand this and think they are simply not covered at all for the first week. If your recovery runs past the 21st day, those initial seven days should be paid retroactively, often in a catch-up check. If the carrier fails to issue it, ask specifically about the retro pay. Adjusters juggle dozens of files, and the retro computation sometimes gets overlooked unless requested.
What if you can work, but earn less
TPD exists for the gray zone. Maybe you can handle four-hour shifts instead of eight, or your employer can only schedule two days because they cannot accommodate your restrictions every day. Maybe you found a different job compatible with your doctor’s limitations that pays less than pre-injury work. The law compares your post-injury earnings to 80 percent of your AWW and pays a portion of the difference. You will need to provide pay stubs promptly. Any week you earn above the 80 percent threshold, TPD stops. The following week it can resume if earnings dip again.
Be careful with sporadic overtime or bonuses while on TPD. One high-earning week can zero out your TPD for that week, but it should not eliminate it for later weeks if your pay drops again. Keep all pay documents. A work injury lawyer can audit the carrier’s weekly math to catch underpayments.
Switching doctors and why authorization matters
You cannot pick any physician and expect the carrier to pay wage loss based on that note. Florida law lets the insurance company control medical providers, within reason. An authorized treating physician determines work status. If your own doctor writes “no work,” but the authorized clinic writes “full duty,” wage benefits will be denied. You do have the right to a one-time change of physician with the carrier, and in emergencies you can seek care that should then be reimbursed, but strategy matters. An experienced workers compensation lawyer near me typically requests the one-time change at a moment when it can meaningfully improve care and documentation.
Medical maximum improvement and the transition to impairment benefits
At some point your doctor will say you have reached maximum medical improvement. That does not mean you are pain free, and it does not mean you can fully return to your old job. It means the doctor believes further material recovery is unlikely. At MMI, temporary benefits end, and if you have any permanent impairment, you move into impairment income benefits. The physician assigns a percentage rating under Florida’s guides. That percentage translates into a number of weeks of IIBs.
One caution: IIBs are not designed to replace a lost career. They are structured payments that rarely feel adequate. This is where vocational counseling, retraining grants, or a focused job search come in. For some injuries, settlement discussions around this stage make sense. A workers comp law firm can value the remaining exposure and negotiate while keeping medical rights in mind.
When you can sue outside workers comp, and when you cannot
Workers compensation is meant to be the exclusive remedy against your employer. You generally cannot sue the employer for pain and suffering, and the wage replacement percentages are part of that trade. There are exceptions. If a third party caused your injury, such as a negligent driver hitting you while you were making deliveries, you may have a separate personal injury claim that can recover full wage loss and other damages. Coordination between a work accident attorney and a personal injury lawyer prevents benefit overlap and lien issues. In construction or multi-employer worksites around Orlando’s growth corridors, this dual-claim analysis comes up frequently.
Missed deadlines: report, treat, repeat
Two timelines matter, and they are stricter than most people realize. You should report your injury to your employer within 30 days. Sooner is better. The claim must be filed timely with the carrier, and you should follow up if you do not receive a claim number or adjuster contact. Gaps in treatment, especially long ones after you are released to light duty, can be used to argue that you recovered and no longer qualify for wage benefits. Even if you are frustrated with the clinic, keep appointments until your one-time change is approved.
Temporary benefits’ outer limits
Florida limits temporary benefits. Combined TTD and TPD generally cap at 104 weeks for injuries on or after legislative changes that restored the two-year limit. Some older cases reference 260 weeks due to a court decision, but current practice for new injuries is back to roughly two years. Once you hit that ceiling, temporary checks stop even if you are still not back to baseline. The case then turns on MMI, impairment rating, and potential PTD. Plan ahead if your recovery is long. A workers comp attorney can map the arc of your benefits so the end date does not blindside you.
Calculating real-world take-home: two examples
A theme park ride operator earns $900 per week with regular overtime. After a shoulder injury, the authorized doctor puts her out of work completely. Her TTD rate is two-thirds of $900, so $600 per week, assuming no cap interference. The first check arrives around day 14, covering days 8 to 14. When she is still out past 21 days, the carrier issues a retro check for days 1 through 7. After six weeks, the doctor allows four-hour shifts at a cashier station at $15 per hour. She earns about $300 that week. Her TPD is calculated based on the gap between 80 percent of her pre-injury wage, which is $720, and her actual earnings of $300, then multiplied by 80 percent. The math produces roughly $336 in TPD for that week, subject to rounding. If the next week she works more hours and earns $750, TPD for that week is zero, because she exceeded the 80 percent threshold.
A hotel server in the tourism district reports $500 in hourly pay and $400 in tips per week on average, for an AWW of $900. An ankle fracture puts him completely out. His TTD is again $600 per week. If the employer disputes the tips because they were not reported, the adjuster may calculate an AWW of $500. That cuts his TTD to $333.33 per week. If he can show tip logs, bank deposits, and IRS declarations from prior pay periods, a workers compensation attorney can push the carrier to include tips properly and issue back pay.
Common disputes and how they resolve in Orlando
Average weekly wage fights. Documentation wins these. Payroll records, W-2s, and sworn statements about work schedules from co-workers can fill gaps. An experienced workers compensation lawyer gathers the proof early.
Work restrictions and sham light duty. A second opinion through the one-time change or an independent medical evaluation, when warranted, can reset the narrative. Judges in the Orlando district listen closely to whether a light duty job is real and within restrictions.
Delays and administrative friction. Petitions for benefits prompt deadlines and sometimes fee exposure for the carrier if benefits were wrongfully withheld. Often, just filing the petition Work injury lawyer leads to a corrective check within a few weeks.
Return-to-work misunderstandings. HR may clear you based on a form the supervisor never saw. Put your restrictions in writing to the supervisor before you lift or climb. If you are sent home because no work is available within restrictions, notify the adjuster that same day.
What to do in the first 30 days after a wage-loss injury
This short checklist focuses on actions that change outcomes. It is not legal advice, but it reflects what helps most cases move faster and pay correctly.
Report the injury in writing to a supervisor the day it happens, even if you think it is minor. Ask for the authorized clinic or hospital, and bring a coworker or family member if you tend to minimize symptoms. Keep every medical note, especially the part that lists work status or restrictions. Save pay stubs, tip records, and benefits summaries for the 13 weeks before your injury, and send copies to the adjuster. If you do not hear from a claims adjuster within a week, call HR for the claim number, then follow up with the carrier and document the contact.
When to get a lawyer involved
Some people navigate claims smoothly, especially straightforward fractures with supportive employers. Others face a tangle of mixed messages and late checks. If your pay is wrong, your doctor ignores your job tasks, or the employer pushes you into unsafe light duty, talk with a workers compensation attorney near me. No consultation fee is typical in this field, and fees are regulated by statute and often paid by the carrier when a lawyer secures unpaid benefits. For work injuries that cross into negligence by a third party, coordinate early with a work accident lawyer to maximize wage recovery without tripping over lien rights.
If you are searching for help, focus on three traits: responsiveness to your calls, a clear explanation of how AWW and your specific benefits are calculated, and familiarity with the Orlando judge’s office and common carrier practices. The best workers compensation lawyer for your case is the one who will dig through your pay records, hold the carrier to the right math, and push back on bad light duty. An experienced workers compensation lawyer will also know when to pivot from temporary benefits to impairment, vocational strategy, or settlement.
Final notes on taxes, offsets, and benefits interplay
Workers compensation wage checks are generally not taxable under federal or Florida law. That said, if you receive Social Security Disability Insurance, you may face an offset that affects your SSDI amount. If you return to light duty and earn W-2 wages, those are taxable. Health insurance premiums paid by the employer may be handled differently during light duty versus full disability. Ask HR to spell out whether your coverage continues and at what cost. If the carrier reimburses mileage to medical appointments, track it. It will not replace lost wages, but it is money you should not leave on the table.
Finally, for union members, collective bargaining agreements sometimes interact with comp benefits in ways that change scheduling or light duty placement. For public employees in Orange County, city or county policies add another layer. A workers comp law firm accustomed to these nuances saves time by knowing which HR office to call and what the past practice has been.
Wage replacement is the lifeline in a comp case. The law sets the percentage, but your outcome turns on accurate wage data, clean medical restrictions, and timely communication. Orlando’s economy is dynamic, from construction cranes downtown to resorts on I‑Drive, and every job has its own rhythm. Match the system to your real numbers, keep your paperwork tight, and do not hesitate to get a workers comp attorney involved if the checks lag or the math seems off.