A work injury pulls two rugs at once. Your health takes the first hit. Your paycheck follows. In Florida, workers’ compensation is meant to stabilize both, but the rules around “lost wages” have quirks that catch people off guard. I have seen a forklift operator lose an entire month waiting for checks that should have started earlier, and a hotel housekeeper who missed thousands because no one calculated her average weekly wage correctly with seasonal overtime. These are avoidable losses if you know what counts, what the insurer looks for, and how to document your claim from day one.
What follows is a practical guide for injured workers in Orlando, with details specific to Florida law and habits I’ve seen from local adjusters and medical providers. If you’re looking for a Workers compensation lawyer near me or trying to understand whether your missed shifts will be paid, this will help you make sense of the process and decide when to bring in an Experienced workers compensation lawyer.
The big picture: how Florida handles wage loss
Florida workers’ compensation pays wage loss in a few forms, depending on your medical status and your ability to work:
- Temporary Total Disability, when you cannot work at all during recovery Temporary Partial Disability, when you can work with restrictions but you earn less Impairment Income Benefits, after you reach maximum medical improvement and receive a permanent impairment rating Permanent Total Disability, for severe cases with no realistic return to work
Two thresholds drive every wage-loss payment: medical restrictions and your Average Weekly Wage, or AWW. Medical restrictions determine whether you are totally out, partially restricted, or released to full duty. AWW sets the dollar value. If either is wrong, your checks will be wrong.
What counts as lost wages in Florida workers’ comp
The term “lost wages” is shorthand for several statutory benefits. Each has its own formula and timing.
Temporary Total Disability, often abbreviated TTD, applies when your authorized treating physician says you cannot work at all due to the work injury. In most cases, TTD pays two-thirds of your AWW, subject to a statutory maximum that changes yearly. If your injury is classified as catastrophic under the statute, the rate can increase to 80 percent of AWW for a limited period, though that is not common.
Temporary Partial Disability, or TPD, applies when you can work with restrictions but you earn less than 80 percent of your AWW. TPD pays 80 percent of the difference between 80 percent of your AWW and what you actually earn while restricted. The math trips people up, and insurers sometimes gloss over it. A quick example helps:
- Assume an AWW of 900 dollars. Eighty percent of that is 720. You return part time and earn 400 dollars in a week. The difference between 720 and 400 is 320. TPD pays 80 percent of that 320, which is 256 dollars for that week.
Impairment Income Benefits, known as IIBs, are not paid because you miss shifts during recovery. They begin only after you reach maximum medical improvement and your authorized physician assigns an impairment rating. The weekly amount is a fraction of AWW set by statute and the number of weeks depends on the percentage rating. IIBs do not replace ongoing temporary benefits. They are a separate phase.
Permanent Total Disability is rare but important. If your injury and medical restrictions prevent you from any gainful employment in the national economy, PTD may apply up to a statutory age. This is not just about your old job. Insurers often challenge PTD fiercely, and vocational evidence matters.
Late checks and penalties also count. If a carrier delays payment without a valid reason, Florida law can impose interest and a statutory penalty on overdue benefits. It is not windfall money, but it helps offset the strain of a late rent or utility bill. I have used those penalties to make clients whole when a missed deadline snowballed.
The engine under the hood: Average Weekly Wage
Most disputes over “how much” trace back to AWW. Florida defines AWW as the average of your gross wages over the 13 weeks before the injury, excluding the week of injury. That sounds straightforward until you add real-life complications.
Overtime counts, and so do bonuses that are part of your regular compensation. Vacation pay in the 13-week period generally counts. Per diems can count if they function as wages rather than true reimbursements. Tips count when reported. Seasonal work requires a closer look.
If you did not work substantially all of the 13 weeks, the law allows the use of a similarly situated co-worker’s wages to calculate AWW. This is often overlooked. I represented a theme park food vendor injured during training week. Her actual 13-week history was thin, which would have slashed her AWW by half. We used a co-worker with the same schedule and duties to set a fair AWW. The difference added several hundred dollars per week to her benefit.
Second jobs matter. If you had concurrent employment at the time of injury, those earnings can be included in AWW, even if the second employer was outside the injury. The catch is that you must disclose and document those wages. Pay stubs from both employers and a simple statement of hours worked usually do the job. Miss this, and you leave money on the table every single week.
One more nuance: AWW caps and the statewide maximum. Florida sets a maximum weekly compensation rate each year based on statewide average wages. Your weekly benefits cannot exceed that cap, no matter how high your AWW. For most Orlando workers in retail, hospitality, construction, and healthcare support roles, the cap is not the limiting factor, but higher earners will hit it.
Waiting periods and the first checks
Florida has a seven-day waiting period. You do not get paid for the first seven calendar days of disability unless your disability lasts more than 21 days. Cross that 21-day line, and the insurer owes payment back to day one. I have seen carriers misapply this when a worker has intermittent restrictions. Keep a clean timeline of days missed and medical notes. If your restrictions kept you from work for three separate weeks that add up to more than 21 days, you may be owed those first seven days.
Payments are not same-week. Even with perfect paperwork, the first indemnity check usually arrives 14 to 21 days after the employer and insurer receive notice and a doctor provides work status. This delay is miserable if you are living paycheck to paycheck. Some injured workers take short-term personal loans that later complicate settlement decisions. Before you borrow, ask your Workers compensation attorney to press the carrier for on-time payments and, if late, penalties and interest.
Modified duty and the partial-disability trap
Orlando employers often offer light duty. On paper, this keeps you at work and reduces wage loss. In practice, it creates traps. A cleaning company might offer a “desk duty” assignment at a lower hourly rate, or cut your hours from 40 to 20. If the offer meets your medical restrictions and is within a reasonable commuting distance, refusing it can suspend TPD benefits. Accepting it, though, often means smaller checks and an expectation that you perform tasks outside the doctor’s limits.
Document everything. If the assignment violates your restrictions, tell your supervisor in writing and bring it to the authorized physician’s attention at the next visit. I once had a stockroom assistant lifted into “light duty” that still required 30-pound lifts. A simple letter to the adjuster with the doctor’s restrictions halted the assignment and restored TTD.
Job searches are another partial-disability wrinkle. When you are released with restrictions and the employer has no suitable work, some adjusters ask for “job search logs” to continue TPD payments. Florida case law on this point is nuanced, and the requirement is not automatic. Still, keeping a short log of applications and responses helps remove excuses for nonpayment.
What if you are paid hourly, on commission, or seasonally
Hourly workers with fluctuating schedules need a careful AWW calculation. The 13-week method takes care of much of that variation. Make sure the employer provides accurate payroll data, including overtime and shift differentials. If you worked multiple positions with different rates, confirm that all rates are captured.
Commissioned employees require digging into compensation structure. If commissions were paid in the 13-week period, they typically count toward AWW. If they accrue beyond 13 weeks, you may need a longer look-back or employer confirmation of typical commission distribution. I have had sales employees whose AWW doubled after we reconstructed historical commissions rather than using a thin pre-injury quarter.
Seasonal workers at attractions, festivals, and hospitality venues face stop-and-start schedules. The law allows for a similar employee comparison when your 13-week history does not reflect normal earnings. Do not accept an artificially low AWW based on an off-season lull if your job was about to ramp up. Employer calendars, staffing plans, and prior seasons’ pay data are persuasive.
Medical status drives everything
Workers’ compensation is not “pay because you are hurt.” It is pay because a doctor says your injury prevents work or reduces your earning capacity. That makes the authorized physician’s notes critical. Each visit should end with a detailed work status: no work, work with specific restrictions, or full duty. Vague notes lead to payment delays. Push for clarity.
Independent Medical Examinations, or IMEs, can change your status overnight. If the carrier orders an IME that conflicts with your treating doctor, your benefits may shift from TTD to TPD or stop altogether. You and your Work injury lawyer can request your own IME under the statute. Timing and doctor selection matter. Local knowledge of which specialists write clear, defensible reports goes a long way.
How to claim lost wages the right way
Here is the practical path that consistently shortens delays and improves outcomes:
- Report the injury to your employer immediately, in writing if possible. Provide date, time, and a simple description of what happened. Note any witnesses. Get authorized medical care through the employer or insurer. At each visit, leave with a written work status and keep copies. Gather pay records for the 13 weeks before the injury. Include overtime, bonuses, and documentation of any second job. If your 13 weeks are thin, identify a co-worker with similar duties whose pay would reflect your normal earnings. Communicate changes quickly. If the doctor updates restrictions or you return to partial work, email the adjuster and employer the same day with the new status and any reduced hours. Track your earnings when working with restrictions. Save pay stubs and your schedule. When you miss hours because the employer had no suitable work, note the dates and the reason.
That single list covers the critical moves from day one through the first month. Everything else builds on it.
Common mistakes that cost workers money
The first mistake is not reporting a minor injury, then getting worse. A nurse I represented shrugged off a back strain until it became a herniated disc three weeks later. The carrier argued there was no timely report, which delayed benefits and invited a fight over causation. A same-day email to a supervisor keeps the timeline clear, even if you hope to recover on your own.
Mistake two is accepting a low AWW calculation. Many injured workers assume payroll records are correct. Verify. If overtime was heavy in the weeks just before the injury, make sure it is included. If you had a second job, bring proof. A 100-dollar error in AWW can reduce TPD by 50 dollars per week for months.
Mistake three is failing to challenge unsuitable light duty. Once you try a modified assignment, it becomes harder to argue it was outside your restrictions. Speak up the first day if tasks exceed limits. Put it in writing. If the employer retaliates, document that too. Workers’ comp does not give you job protection, but retaliation for filing a claim can lead to separate remedies.
Mistake four is ghosting the authorized doctor. Missed appointments stall benefits and make you look noncompliant. If transportation is an issue, ask the adjuster for reimbursement or assistance. Florida carriers regularly reimburse mileage to authorized medical visits. Keep a simple mileage log from home to clinic and back.
Mistake five is settling too soon. An insurer might offer a lump sum while you are still on TPD, dangling quick cash. Understand what you give up: future medical care and continuing weekly checks. A Work accident attorney can value your case in context of your impairment rating, future surgery risk, and the strength of your AWW claim. Sometimes you should settle. Often, you should not, at least not yet.
How insurers evaluate your wage-loss claim
Adjusters follow checklists. They need a first report of injury, a doctor’s work status, and payroll data. They also watch for red flags: inconsistent stories about how the injury happened, delayed reporting, post-injury activities that contradict restrictions, and gaps in treatment. In Orlando’s tourism and construction sectors, insurers pay close attention to language barriers and informal cash jobs. If English is not your first language, ask for an interpreter at medical visits. Miscommunication can cost you benefits.
Surveillance is not rare. If you are on TTD for a back injury and are filmed loading furniture, expect an IME and a benefits suspension. Do not exaggerate symptoms. Tell the truth. Focus on what you can do safely and what you cannot.
What a strong case looks like
A strong wage-loss case has clean documentation at every step. The injury is reported promptly. The authorized doctor’s notes are precise: no lifting over 10 pounds, no overhead reaching, sit or stand at will. Payroll data supports an AWW that includes all earnings, including a second job. If you return to work with restrictions, you track actual hours and the employer’s inability to accommodate some shifts. When the insurer pays late, you or your Workers comp attorney press for penalties.
I once handled a case for an Orlando airport baggage handler. His 13-week history had two weeks of training at low pay and 11 weeks of heavy overtime. The carrier used all 13 weeks indiscriminately, cutting his AWW by nearly 20 percent. We excluded the training weeks as not representative and used a co-worker’s schedule as a cross-check. TTD increased by over 100 dollars per week, and when he moved to TPD, the proper AWW made each weekly calculation fair. The difference over six months eclipsed 3,000 dollars.
Light duty offers you should accept, and when to decline
If an employer offers work squarely within the doctor’s restrictions, near your normal site, and with reasonable hours, you should usually accept. It keeps you connected to the workplace and often speeds recovery. If the offer strays from restrictions, requires a punishing commute that was not part of your job, or cuts your hours so deeply that TPD is your only cushion, pause. Bring the specifics to your Workers comp lawyer. Sometimes a short-term acceptance with immediate documentation of misfit tasks sets up a cleaner TTD reinstatement than a straight refusal.
Deadlines and limitation periods that matter
Report your injury as soon as possible. Florida expects prompt notice, and unnecessary delays invite disputes. The statute of limitations is generally two years from the date of injury to file a petition for benefits, with some exceptions that can extend the period when the carrier provides certain benefits. Missed deadlines sink good cases. Calendar every medical visit and any communication promises from the adjuster. If a check does not arrive when promised, follow up in writing.
Taxes and child support on workers’ comp checks
Workers’ comp wage-loss benefits are not subject to federal income tax in most cases because they are paid due to injury under a workers’ compensation act. That said, if you are receiving Social Security disability or other benefits, there can be offsets. Court-ordered child support can be withheld from your workers’ comp checks. I mention this because it surprises people. Plan your budget accordingly, and ask the adjuster for written confirmation of any deductions.
When to involve a lawyer, and what to expect
Not every sore wrist requires a lawyer. But you should talk to a Work accident lawyer if your checks are late, your AWW seems low, a light-duty assignment breaks your restrictions, or the insurer is pushing an IME that feels like a pretext to cut benefits. Local knowledge matters. An Orlando Workers comp attorney will know which clinics write usable restrictions, how particular carriers handle job searches, and what vocational experts the judges find credible.
Most workers’ compensation attorneys in Florida work on a contingency with fee approval through the court, and fee-shifting rules can require the insurer to pay your attorney’s fees when you prevail on a denied benefit. That changes the leverage. If you are searching for a Workers comp lawyer near me or a Workers compensation attorney near me, look for someone who will audit your AWW, map your medical status to the correct benefit level, and fight late payments. The best workers compensation lawyer for your case is the one who answers your questions plainly and acts fast when checks stop.
Practical documentation habits that save time and money
Start a slim folder or digital note the day you are hurt. Keep these four things:
- A running timeline with dates: injury, report to employer, each medical visit, each work status change, first day off, first day back, and any missed or short-paycheck dates Pay records and schedules for the 13 weeks before injury and every pay stub after, especially during light duty Copies of medical work status forms and any letters from the carrier A simple mileage and out-of-pocket log for medical visits, with dates and round-trip miles
Thirty minutes up front can shave weeks off a dispute over AWW or unpaid TPD.
Special considerations for construction, hospitality, and healthcare workers in Orlando
Construction workers often deal with multi-employer sites, subcontractors, and cash per diem. Identify your true employer for workers’ comp purposes early. If you were supplied by a staffing company, that company’s insurer is likely responsible, even if you worked daily at a general contractor’s site. Per diems that functionally increase take-home pay may count toward AWW. Bring evidence, like daily logs and foreman texts.
Hospitality and theme park employees juggle variable schedules, seasonal surges, and tip income. Make sure tip reporting aligns with reality. If tips significantly boost your income, they belong in your AWW. If your 13 weeks include a seasonal lull not reflective of your standard schedule, press for a similar-employee calculation.
Healthcare workers, especially aides and nurses, often do doubles and shift differentials. The differential is part of your wage. If your injury occurs right before a planned string of doubles, do not let the carrier minimize your AWW by ignoring those typical patterns. A staffing calendar or unit schedule helps.
What happens when you reach maximum medical improvement
Maximum medical improvement, or MMI, is a medical milestone, not a legal victory. At MMI, temporary benefits end. Your doctor assigns an impairment rating, which triggers Impairment Income Benefits for a set number of weeks. If you can return to work, that may be the right time to talk settlement, especially if you face future medical needs like epidural injections or surgery. If you cannot return to your old job and restrictions limit realistic employment, vocational evidence becomes important. A Workers comp law firm with a solid network of vocational experts can test the insurer’s assumption that “you can do sedentary work” against your actual Workers compensation lawyer skills and the local job market.
Final thoughts from the trenches
Lost wages in Florida workers’ comp are not a single switch you flip. They are the sum of small, precise steps done right. Calculate AWW correctly. Get clear medical restrictions. Communicate quickly with the adjuster and your employer. Track your earnings when you work with limits. Push back on unsuitable duty. Know the waiting period rules and the penalties for late checks. When the carrier miscalculates or stalls, involve a Workers compensation attorney who will move the file, not just send letters.
Orlando’s economy runs on people who lift, drive, stock, serve, clean, and care. When injury strikes, the law promises wage replacement that keeps you afloat while you heal. Hold the system to that promise. And if you need help, a Work accident attorney or a workers compensation law firm that knows the local ground can make the difference between scraping by and being paid what the law allows.