- How Florida Workers' Comp Settlements Are Calculated
- Maximum and Minimum Weekly Compensation Rates in Florida
- Types of Workers' Comp Benefits and Their Weekly Rates
- Impairment Income Benefits Based on Permanent Impairment Rating
- Permanent Total Disability Supplemental Benefits
- Death Benefits for Surviving Family Members
- Get Matched With a Florida Workers' Comp Lawyer Today
Summary
- Florida workers' comp settlements combine TTD, TPD, PTD, and impairment benefits, all capped by a statewide maximum weekly rate ($1,358 in 2026).
- Benefits are calculated from your AWW, disability type, and permanent impairment rating, with TTD/TPD capped at 104 weeks combined.
- Death benefits pay surviving dependents up to $150,000 total, plus up to $7,500 for funeral costs.
Hurt on the job in Florida? The numbers behind your claim matter more than you might think. From weekly wage replacement to impairment ratings and death benefits, every dollar follows a formula set by state law – and those formulas just updated for 2026.
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How Florida Workers' Comp Settlements Are Calculated
Florida doesn't use a single formula to reach a settlement number. Instead of relying on a standard average workers comp settlement, your specific case value depends on several moving parts: your average weekly wage (AWW), the type of disability you have, your permanent impairment rating, and future medical costs.
Insurers usually base your AWW on the 13 weeks of earnings before your injury. From there, state law sets the percentage you can receive and caps that amount at a statewide maximum. Most settlements roll together past-due benefits, future wage loss, and projected medical treatment into one lump sum.
Settlements in Florida are voluntary. Under Florida Statute §440.20(11), injured workers and insurers can agree to a washout settlement that closes the claim. A judge of compensation claims typically reviews the settlement agreement itself only if the worker is unrepresented – when an attorney represents the worker, the judge only reviews the attorney's fees.
Maximum and Minimum Weekly Compensation Rates in Florida
Florida caps how much a worker can collect each week, no matter how high their wages were before the injury. The Department of Financial Services updates this cap every January 1, tying it to the statewide average weekly wage.
The table below shows the maximum and minimum weekly rates by injury date going back to 2016. To use it, find the year your injury happened – that's the rate that applies to your claim, even if you're still collecting benefits today. For 2026 injuries, no weekly check can exceed $1,358.
| EFFECTIVE DATE | MAXIMUM | MINIMUM |
|---|---|---|
| 01/01/2026 | $1,358 | $20 |
| 01/01/2025 | $1,295 | $20 |
| 01/01/2024 | $1,260 | $20 |
| 01/01/2023 | $1,197 | $20 |
| 01/01/2022 | $1,099 | $20 |
| 01/01/2021 | $1,011 | $20 |
| 01/01/2020 | $971 | $20 |
| 01/01/2019 | $939 | $20 |
| 01/01/2018 | $917 | $20 |
| 01/01/2017 | $886 | $20 |
| 01/01/2016 | $863 | $20 |
Source: Florida Department of Financial Services – Maximum Compensation Rate Table
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Types of Workers' Comp Benefits and Their Weekly Rates
If you are trying to figure out how much does workers' comp pay, know that Florida pays several different types of wage-replacement benefits, depending on whether your injury is temporary or permanent and whether you can work at all. Each benefit type has its own formula and time limit.
Temporary Total Disability (TTD) and Temporary Partial Disability (TPD) together can't exceed 104 weeks under Florida Statute §440.15. Permanent Total Disability (PTD) can continue for decades, and Impairment Income Benefits kick in once you reach maximum medical improvement.
The table below breaks down each benefit type, its abbreviation, the weekly rate formula, the cap, and how long payments can last. Match your situation – for example, if you're off work healing, look at the TTD row – to see what you may qualify for.
| Benefit Type | Abbreviation | Weekly Rate | Cap | Max Duration |
|---|---|---|---|---|
| Temporary Total Disability | TTD | 66⅔% of AWW | Maximum Compensation Rate | 104 weeks |
| TTD — Catastrophic injuries¹ | TTD (cat.) | 80% of AWW | Maximum Compensation Rate | First 6 months only; counts toward 104-week limit |
| Temporary Partial Disability | TPD | 80% × (80% AWW − post-injury earnings) | Cannot exceed 66⅔% of AWW | 104 weeks (combined TTD + TPD) |
| Permanent Total Disability | PTD | 66⅔% of AWW | Maximum Compensation Rate | Until age 75² |
| Impairment Income Benefits | IIB / PIB | 75% of TTD rate | Maximum Compensation Rate | Per PIR week schedule (see Table B) |
Source: Florida Statute §440.15
Impairment Income Benefits Based on Permanent Impairment Rating
Once you reach maximum medical improvement, a doctor assigns a permanent impairment rating (PIR) as a percentage. While some states rely on workers' comp settlement body part prices, Florida's schedule translates your overall rating directly into weeks of impairment benefits.
The more severe your impairment, the more weeks you get per percentage point. A 5% rating pays for 10 weeks, while a 25% rating pays for roughly 85 weeks. This tiered structure rewards higher impairment levels with more generous multipliers.
To use the table, find the range your PIR falls into, then multiply by the weeks per point shown. For example, a 12% rating pays 20 weeks for the first 10 points, plus 6 weeks for the next 2 points in the 11% – 15% band, totaling 26 weeks of benefits.
| Permanent Impairment Rating (PIR) | Weeks of Benefits per Percentage Point | Cumulative Total Weeks |
|---|---|---|
| 1% – 10% | 2 weeks/point | 2 – 20 weeks |
| 11% – 15% | 3 weeks/point | 23 – 35 weeks |
| 16% – 20% | 4 weeks/point | 39 – 55 weeks |
| 21% and above | 6 weeks/point | 61+ weeks |
Source: Florida Statute §440.15
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Permanent Total Disability Supplemental Benefits
Workers who qualify for PTD benefits may also receive a yearly supplement to offset inflation. The formula depends on when the injury happened – October 1, 2003, is the dividing line.
For injuries on or after that date, the supplement is 3% of your weekly compensation rate, multiplied by the number of years since your injury. For older injuries, the rate is 5%. Workers receive these supplements in addition to regular PTD checks.
Use the table to find your injury date, then apply the correct formula. The "when it stops" column matters too – post-2003 supplements generally end at age 62 when Social Security retirement kicks in.
| Injury Date | Annual Supplement Formula | When It Stops |
|---|---|---|
| On or after October 1, 2003 | 3% × weekly compensation rate × number of calendar years since injury | Stops at age 62 (unless injury prevented SSD eligibility) |
| Prior to October 1, 2003 | 5% × weekly compensation rate × number of calendar years since injury | Complex rules — varies by age at PTD onset |
Source: Florida Statute §440.15
Death Benefits for Surviving Family Members
When a work injury causes a worker's death, Florida law provides benefits to surviving family members – even if the circumstances don't qualify for a separate wrongful death lawsuit. Florida caps the total payout to all dependents combined at $150,000, plus up to $7,500 for funeral and burial costs.
State formulas divide weekly benefits among eligible family members using set percentages. A surviving spouse with no children receives 50% of the worker's AWW. Add children, and each child gets an additional 16⅔%. Parents, siblings, and grandchildren may qualify in some cases.
The table lists every benefit category, dollar cap, and eligibility rule. To use it, identify who survived the worker, then add up the applicable percentages – but remember the combined total can't exceed the weekly max or the overall $150,000 cap.
| Benefit Item | Amount / Rule |
|---|---|
| Funeral / burial expenses | Up to $7,500 (actual) |
| Total death benefit cap | $150,000 (all dependents combined) |
| Maximum weekly benefit rate | 66⅔% of decedent's AWW (subject to § 440.12 max) |
| Spouse only (no children) | 50% of AWW/week; ceases at spouse's death |
| Spouse + children | 50% (spouse) + 16⅔% per child |
| Children only (no spouse) | 33⅓% per child |
| Each parent | 25% per parent |
| Each sibling / grandchild | 15% each |
| Remarriage lump sum | 26 weeks × 50% AWW rate (subject to $150,000 cap) |
| Child dependency ends | At age 18; or age 22 if full-time accredited student |
| Spouse education benefit | Up to 1,800 classroom hours at a career center, or 80 semester hours at a community college; ends 7 years after worker's death |
Source: Florida Statute §440.15
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Get Matched With a Florida Workers' Comp Lawyer Today
Reading a Florida workers comp settlement chart is one thing – getting every dollar you're owed is another. ConsumerShield matches you directly with experienced local Florida workers' compensation lawyers who specialize in cases like yours. Reach out today for a free case review and see what your claim may be worth.
