Regarding workers’ compensation, Florida seems poised for a transformative 2024. Recently, the National Council on Compensation Insurance (NCCI) unveiled a proposal that could be a game-changer for businesses in the state.

Defense counsel routinely uses a number of defenses in order to deny paying temporary benefits to injured workers. These defenses assume your client has already met the threshold requirements for either Temporary Partial Disability (TPD) or Temporary Total Disability (TTD) i.e., restrictions from an authorized treating physician and not at Maximum Medical Improvement (MMI).

There are rare occasions when an injured worker is entitled to TTD but not receiving it while actively employed with the Employer and the Carrier has not asserted an affirmative defense to payment of TTD.

Injured workers in Florida are entitled to two different categories of lost wages: medical and indemnity. Strictly speaking, “lost wages” most often refers to indemnity benefits. These money benefits are provided to injured workers when they are no longer working due to their injury.