How Florida Workers' Comp Works in 2026
Florida's workers' compensation system has several unique rules that injured workers frequently misunderstand — particularly around doctor choice, the TPD formula, and the 50% IIB reduction rule.
TTD vs. TPD: Which One Applies?
Florida pays two types of temporary wage benefits, and understanding the difference matters:
- TTD (Temporary Total Disability): Paid when your authorized doctor says you cannot work at all. Rate is 66.67% of AWW, capped at $1,358/week. Begins after the 7-day waiting period (retroactive if disability lasts 21+ days).
- TPD (Temporary Partial Disability): Paid when you can work with restrictions but earn less than 80% of your pre-injury wage. Formula: (80% × pre-injury AWW − current earnings) × 80%.
- Combined cap: TTD and TPD together cannot exceed 104 weeks under §440.15.
Florida's Tiered Impairment Week Schedule
Once you reach MMI, the authorized doctor assigns a PIR using the 1996 FUPIRS. Florida uses a tiered schedule that increases weeks per rating point as severity rises:
- 1–10%: 2 weeks per point (e.g., 7% = 14 weeks)
- 11–15%: 3 weeks per point (e.g., 13% = 26 + 9 = 35 weeks)
- 16–20%: 4 weeks per point (e.g., 18% = 20 + 15 + 8 = 43 weeks)
- 21%+: 6 weeks per point (e.g., 25% = 20 + 15 + 20 + 30 = 85 weeks)
IIBs are paid at 75% of your TTD rate. If you return to work earning your pre-injury wage, IIBs are reduced by 50% in those weeks.
Washout Settlements (Lump Sum)
Florida allows "washout" lump-sum settlements under §440.20(11) that close the entire claim — including future medical treatment. Key facts:
- Settlements are voluntary — neither side can force one
- When represented by an attorney, a Judge of Compensation Claims (JCC) reviews only the attorney fee, not the settlement amount
- When unrepresented, the JCC reviews the settlement itself to ensure fairness
- Washouts typically yield 10–30% more than remaining benefit value, reflecting the insurer's desire to close future medical uncertainty
- Once approved, the case is permanently closed — you cannot reopen for future medical treatment
Doctor Selection: Florida's Key Rule
Unlike most states, the employer's insurance carrier selects your treating physician in Florida — not you. This is one of the most important Florida-specific rules:
- You must treat with the carrier's authorized doctor (or within their Health Care Network for the first 60 days)
- You have the right to a one-time change of physician — use it strategically
- The authorized doctor controls your work restrictions, MMI date, and impairment rating
- You can obtain an Independent Medical Examination (IME) at your own expense to challenge the authorized doctor's rating
- Rating disputes are resolved by a JCC — having an attorney is critical when your IME disagrees with the carrier's doctor
Florida Workers' Comp FAQ — 2026
Answers to the most common questions about Florida workers' compensation benefits, impairment ratings, washout settlements, and the claim process.
What is the Florida workers' comp maximum weekly rate for 2026?
For injuries on or after January 1, 2026, Florida's maximum weekly workers' compensation rate is $1,358 per week. This cap applies to all wage-replacement benefit types: TTD, TPD, impairment income benefits, and PTD. The rate is set annually by the Florida Division of Workers' Compensation based on the Statewide Average Weekly Wage (SAWW). Your actual benefit depends on your AWW — TTD pays 66.67% of your AWW up to the cap. The minimum benefit is $20/week. There is a 7-day waiting period before benefits begin, but if your disability lasts 21 or more consecutive days, the first 7 days are paid retroactively.
How are Florida impairment benefits calculated?
Florida impairment income benefits (IIBs) are calculated using two factors: rate and weeks. The IIB rate is 75% of your TTD rate (which is 66.67% of your AWW). The number of weeks depends on your permanent impairment rating (PIR) using Florida's tiered schedule: 1–10% rating earns 2 weeks per point; 11–15% earns 3 weeks per point for that range; 16–20% earns 4 weeks per point; and 21% and above earns 6 weeks per point. For example, a 15% PIR yields: (10 points × 2 weeks) + (5 points × 3 weeks) = 20 + 15 = 35 weeks of IIBs. If you return to work earning at or above your pre-injury average weekly wage, your IIBs are reduced by 50% in those weeks. Florida uses the 1996 Florida Uniform Permanent Impairment Rating Schedule (FUPIRS), not the AMA Guides used in most other states.
How does TPD work in Florida?
TPD (Temporary Partial Disability) applies when your authorized doctor releases you to light-duty work with restrictions and you earn less than 80% of your pre-injury average weekly wage. The Florida TPD formula is: (80% of pre-injury AWW minus your current weekly earnings) multiplied by 80%. For example: pre-injury AWW of $1,000, current earnings of $500. Step 1: 80% × $1,000 = $800. Step 2: $800 − $500 = $300. Step 3: $300 × 80% = $240/week in TPD. TPD and TTD benefits together cannot exceed 104 weeks under Florida Statute §440.15.
Can I choose my own doctor in Florida workers' comp?
Generally, no. In Florida, the employer's insurance carrier selects your authorized treating physician. If the carrier has a Health Care Network (HCN), you must treat within that network for the first 60 days of authorized treatment (except in emergencies). You have the right to a one-time change of physician — you must make this request in writing to the carrier. The carrier has 5 days to arrange the new physician. You may also obtain an Independent Medical Examination (IME) from a physician of your choice at your own expense, but the IME report is not binding — disagreements between your IME doctor and the authorized doctor are resolved by a Judge of Compensation Claims (JCC). Having an attorney when disputing an impairment rating or MMI date is strongly recommended.
What is a washout settlement in Florida workers' comp?
A washout settlement (or lump-sum settlement under Florida Statute §440.20(11)) is a voluntary agreement between the injured worker and the insurance carrier to resolve the entire workers' comp claim with a single lump-sum payment — including a buyout of all future medical care for the work injury. Once approved by a Judge of Compensation Claims, the case is permanently closed and cannot be reopened. When you are represented by an attorney, the JCC reviews only the attorney fee — not the settlement amount itself. When unrepresented, the JCC reviews the settlement itself to ensure it's in your best interest. Washout settlements typically yield 10–30% more than the remaining benefit stream, because the insurer pays a premium to eliminate future medical uncertainty. They are generally best suited for workers who have stable medical conditions, can manage their own care, and have no ongoing need for additional surgeries or treatment.
What is Permanent Total Disability (PTD) in Florida?
PTD benefits are paid when your injury is so severe that you cannot perform sedentary work within a 50-mile radius of your home. PTD pays the same rate as TTD — 66.67% of your AWW, capped at $1,358/week in 2026. PTD benefits continue until age 75, unless the worker cannot qualify for Social Security due to their work injury (in which case benefits continue beyond 75). If the injury occurred after age 70, PTD benefits are payable for up to 5 years. PTD cases typically settle via washout for lump sums significantly higher than the total remaining benefit stream, reflecting the lifetime value of the ongoing medical care being waived.
How long do Florida workers' comp benefits last?
TTD and TPD benefits together are capped at 104 weeks under §440.15. Impairment income benefits last for the number of weeks determined by your PIR using the tiered schedule (2–6 weeks per rating point). These are paid after MMI, separately from TTD/TPD. PTD benefits can continue until age 75 for eligible workers. Medical benefits for authorized treatment continue beyond the 104-week cap and are not time-limited by statute, though the carrier may dispute the necessity of ongoing treatment. Attorney representation is especially important for managing ongoing medical disputes after TTD ends.
About This Florida Workers' Comp Calculator
This free Florida workers' compensation settlement calculator uses the official 2026 maximum weekly rate of $1,358 established by the Florida Division of Workers' Compensation (Florida CFO), effective for injuries on or after January 1, 2026, under Florida Statute §440.15. TTD benefits are calculated at 66.67% of the average weekly wage per §440.15(2). Temporary Partial Disability is calculated using the Florida §440.15(4) formula: 80% of AWW minus post-injury earnings, multiplied by 80%. Permanent impairment income benefits are calculated at 75% of the TTD rate per §440.15(3)(b), using the tiered week schedule from §440.15(3)(a): 2 weeks per rating point for 1–10%, 3 weeks for 11–15%, 4 weeks for 16–20%, and 6 weeks for 21% and above. Impairment ratings in Florida are assigned using the 1996 Florida Uniform Permanent Impairment Rating Schedule (FUPIRS), not the AMA Guides used in most other states. Washout settlement estimates are based on industry averages and do not represent guaranteed outcomes. This calculator provides general estimates for informational purposes only and does not constitute legal advice. Consult a licensed Florida workers' compensation attorney for advice specific to your claim.