Am I entitled to lost wages in Workers' Compensation? (Part One)
This is a complex question and there is a lot of conflicting and inconsistent laws and rules that really complicate matters. Accordingly, we will try to break it down into a logical series of articles. Still, for now you at least need some introductory information. More details will be discussed in future articles. First of all, you need to know what the lost wages are called in Florida Workers' Compensation. Generally, money that you receive from your employer's insurance while you are off work due to an injury is called, "indemnity." You get indemnity if the workers' compensation doctor (not your own personal doctor) says that you can not work at all. If their doctor says that you can't work at all, then you are entitled to Temporary Total Disability which is often called TTD or T.T.D. If their doctor says that you are on light duty and the employer does not give you a light duty position, then you are entitled to Temporary Partial Disability, also known as TPD or T.P.D.
If the employer does offer you light duty, then you have to do the work. Well, you don't actually have to work, but you don't get paid! If you refuse light duty work, then the insurance company does not owe you TPD (Temporary Partial Disability) because you are voluntarily limiting your income. The employer does not owe you salary in that situation because you are not working. If you do not need the money, then you can say, "No," to the offer of light duty employment. Most of our clients need their income so we advise them to do the light duty work if it is offered. If it is not offered, however, we make sure that the insurance adjuster pays our client the TPD.
There are other categories of benefits, exceptions to the rules and exceptions to the exceptions! Please keep reading further articles on this topic and, of course, you can always call for advice and guidance on what is owed to you.