How Much Does Workers’ Comp Pay in Florida? (2026 Benefit Guide)
In Florida, workers’ compensation pays 66⅔% (two-thirds) of your average weekly wage while you are unable to work, up to a state maximum of $1,358 per week for injuries occurring on or after January 1, 2026, according to the Florida Department of Financial Services. The minimum weekly benefit is $20. Workers’ comp also pays 100% of your authorized medical care, and your wage-loss checks are not subject to federal income tax. The exact amount you receive depends on which category of benefit you qualify for — and, in our experience handling these claims in St. Petersburg since 1985, on whether the insurance carrier calculated your average weekly wage correctly in the first place.
This guide walks through every Florida workers’ comp benefit type, the formula behind each one, and a worked example so you can check the carrier’s math against your own paycheck. If your numbers don’t line up, our St. Petersburg workers’ compensation attorneys can review your benefit rate at no cost.
Florida Workers’ Comp Benefits at a Glance (2026)
| Benefit Type | Rate / Formula | Duration | Statute |
|---|---|---|---|
| Temporary Total Disability (TTD) | 66⅔% of average weekly wage (AWW), capped at $1,358/week for 2026 injuries | Until return to work or maximum medical improvement; up to 104 weeks combined with TPD | § 440.15(2) |
| TTD — severe injuries (e.g., paralysis, blindness) | 80% of AWW, no weekly cap | Up to 6 months after the accident | § 440.15(2)(b) |
| Temporary Partial Disability (TPD) | 80% of the difference between 80% of your AWW and your post-injury earnings | Up to 104 weeks combined with TTD | § 440.15(4) |
| Impairment Income Benefits (after MMI) | 75% of your TTD rate; reduced by 50% in any week you earn your pre-injury wage or more | 2–6 weeks per impairment percentage point, on a tiered schedule | § 440.15(3) |
| Permanent Total Disability (PTD) | 66⅔% of AWW, same weekly cap | Until age 75, or for life if not eligible for Social Security retirement | § 440.15(1) |
| Medical benefits | 100% of authorized care — doctors, hospital, surgery, prescriptions, therapy — plus mileage to appointments and the pharmacy | As long as medically necessary | § 440.13 |
| Death benefits | Up to $7,500 for funeral expenses; wage-loss benefits to dependents up to 66⅔% of AWW, capped at $150,000 total | Per statutory dependency rules | § 440.16 |
| Minimum weekly benefit | $20/week | Applies to all wage-loss categories | § 440.12(2) |
Rates verified against the Florida DFS Division of Workers’ Compensation Maximum Compensation Rate Table, current as of 2026. The maximum adjusts every January 1 to match the statewide average weekly wage.
The Two Numbers That Control Everything
1. Your Average Weekly Wage (AWW)
Every benefit formula starts with your average weekly wage. Under Florida Statute § 440.14, the carrier calculates it by averaging your gross earnings over the 13 weeks before your injury — including overtime, bonuses, and in many cases the value of employer-paid benefits you lose. If you worked less than 90% of those 13 weeks, the wages of a similar full-time employee in the same job are used instead.
This calculation is where most underpayments start. A carrier that leaves out your overtime or a second job can shortchange every single check that follows. It is the first thing we audit when a client asks us to review their benefits.
2. The State Maximum for Your Year of Injury
Florida caps weekly checks at 100% of the statewide average weekly wage, recalculated each year. The date of your accident locks in your cap permanently: a 2026 injury is capped at $1,358/week; a 2025 injury stays capped at $1,295/week even after the new rate takes effect. High earners feel this most — if your AWW is $2,400, two-thirds would be $1,600, but your check is cut off at $1,358.
Temporary Total Disability: When You Cannot Work at All
If your authorized doctor takes you completely off work, TTD pays 66⅔% of your AWW, up to the cap. For a small category of catastrophic injuries — such as paralysis or loss of eyesight — the rate rises to 80% of your AWW with no cap for up to six months after the accident.
Two timing rules surprise almost everyone:
- The 7-day waiting period. Under § 440.12, no wage-loss benefits are paid for the first 7 days of disability — unless your disability lasts more than 21 days, in which case the first week is paid retroactively.
- The 104-week limit. Temporary benefits (TTD and TPD combined) are limited to 104 weeks under the statute. If you are still totally disabled when temporary benefits run out, you may be entitled to additional benefits — Florida courts have extended temporary benefits in some cases, and this is also the point where a permanent total disability claim should be evaluated. Do not simply accept that your checks are “done” at 104 weeks without a legal review.
Temporary Partial Disability: When You’re on Light Duty
If your doctor releases you to restricted work and you earn less than 80% of your pre-injury wages, TPD fills part of the gap. The formula under § 440.15(4) is:
TPD benefit = 80% × (80% of your pre-injury AWW − your current gross earnings)
TPD checks are almost always smaller than people expect — the formula only replaces a portion of a portion of the gap. Accurate reporting of your light-duty hours and wages matters, because errors here compound week after week.
A Worked Example: One Injury, Three Benefit Stages
Say a St. Petersburg warehouse worker earning an AWW of $1,050 injures her back in February 2026.
- Off work entirely (TTD): 66⅔% × $1,050 = $700/week, tax-free. (Well under the $1,358 cap, so no reduction.)
- Released to light duty earning $600/week (TPD): 80% of $1,050 = $840. $840 − $600 = $240. 80% × $240 = $192/week on top of her light-duty paycheck.
- Reaches maximum medical improvement with a 7% impairment rating: Impairment benefits pay 75% of her TTD rate: 75% × $700 = $525/week. At 2 weeks per percentage point for ratings of 1–10%, a 7% rating pays 14 weeks: 14 × $525 = $7,350 — cut to $262.50/week in any week she is back to earning her full pre-injury wage.
Change any input — the AWW, the impairment rating, the light-duty wage — and every downstream number moves. That is exactly why carriers fight over the inputs, and why we check them.
Impairment Benefits After Maximum Medical Improvement
When your doctor determines your condition has plateaued (MMI), you are assigned a permanent impairment rating as a percentage of the body as a whole. Impairment income benefits then pay 75% of your TTD rate for a number of weeks set by a tiered schedule in § 440.15(3):
- Ratings of 1–10%: 2 weeks of benefits per percentage point
- 11–15%: 3 weeks per point in that range
- 16–20%: 4 weeks per point in that range
- 21% and above: 6 weeks per point in that range
Because the rating drives the payout, a one- or two-point difference between doctors can be worth thousands of dollars. Ratings are a frequent — and very winnable — point of dispute.
Permanent Total Disability: When You Can’t Return to Any Work
If your injury permanently prevents you from performing even sedentary work within a 50-mile radius of your home, you may qualify for permanent total disability benefits — 66⅔% of your AWW, generally payable until age 75, or for life if your injury prevents you from qualifying for Social Security retirement. Certain catastrophic injuries, such as amputation of an arm or leg or a severe brain injury, are presumed permanently and totally disabling under the statute.
Workers who cannot return to work often qualify for Social Security Disability benefits alongside workers’ comp, and the two systems offset each other in ways that require careful coordination. Our firm handles both — see our Social Security Disability practice for how the claims work together.
Medical Benefits, Mileage, and Death Benefits
Workers’ comp pays 100% of medically necessary treatment for your work injury — doctor visits, hospitalization, surgery, prescriptions, physical therapy, and medical equipment — with no deductible or co-pay, plus mileage reimbursement for travel to appointments and the pharmacy. The catch: treatment must come from providers authorized by the insurance carrier. Seeing your own doctor without authorization usually means workers’ comp won’t pay for it — we explain the rules (and the one-time change of physician you’re entitled to) in our guide to choosing your own doctor under Florida workers’ comp.
When a work injury is fatal, § 440.16 provides up to $7,500 in funeral and burial expenses plus wage-loss benefits to the worker’s spouse, children, or other dependents — up to 66⅔% of the worker’s AWW, capped at $150,000 total, along with educational benefits for a surviving spouse.
Two Things That Work in Your Favor
Your benefits are tax-free. Workers’ compensation wage-loss checks are not subject to federal income tax, and Florida has no state income tax. A $700 workers’ comp check therefore stretches further than $700 in wages — though it still replaces only two-thirds of what you earned.
You don’t pay attorney fees out of pocket. Under Florida Statute § 440.34, attorney fees in workers’ comp cases must be approved by a judge of compensation claims, and in many cases they are paid by the carrier or come as a percentage of benefits the attorney actually recovers for you. There is no upfront cost to have a lawyer review whether you’re being paid correctly.
Getting Paid the Right Amount
The formulas above are fixed by statute — but the inputs are not. Underpaid AWW calculations, missed overtime, low-balled impairment ratings, and premature benefit cutoffs are the four problems we see most often, and every one of them is correctable. Sharon P. Jorgensen has represented injured workers across Pinellas County and Tampa Bay since 1985, and a benefits review costs you nothing.
If you were hurt on the job in St. Petersburg, Clearwater, or anywhere in Pinellas County, contact our workers’ compensation team for a free consultation. Injured across the bay? Our Tampa workers’ compensation attorneys serve Hillsborough County as well.
Wondering what these weekly rates mean for a lump-sum payout? See our Florida workers’ comp settlement chart (2026) for how impairment ratings convert to real dollars.
Worried your job is at risk while you’re collecting? See can you be fired while on workers’ comp in Florida, including which benefits continue if you are.
FAQs
Does workers’ comp pay your full salary in Florida?
No. Florida workers’ comp pays 66⅔% (two-thirds) of your average weekly wage for temporary total disability, capped at $1,358 per week for 2026 injuries. Because the benefits are not taxed, the real-world gap is smaller than it first appears, but you will not receive 100% of your pay.
What is the maximum workers’ comp payment in Florida in 2026?
$1,358 per week for injuries occurring on or after January 1, 2026, per the Florida Department of Financial Services. The cap equals the statewide average weekly wage and adjusts every January 1. Your cap is set by your date of injury — a 2025 injury remains capped at $1,295 even after the 2026 rate took effect.
How is my average weekly wage calculated?
By averaging your gross earnings — including overtime and bonuses — over the 13 weeks before your injury under Florida Statute § 440.14. If you worked less than 90% of that period, a similar employee’s wages are used. Errors in this one number reduce every check you receive, so it’s worth verifying.
How long does workers’ comp last in Florida?
Temporary benefits (TTD and TPD combined) are limited to 104 weeks by statute. After maximum medical improvement, impairment benefits run 2–6 weeks per impairment percentage point. Permanent total disability benefits can continue until age 75 or, in some cases, for life. Authorized medical care continues as long as it is medically necessary.
When do workers’ comp payments start?
No wage-loss benefits are paid for the first 7 days you’re out of work. If your disability lasts more than 21 days, the first week is paid retroactively under § 440.12. Medical benefits begin immediately with authorized providers.
Is workers’ comp taxable in Florida?
No. Workers’ compensation wage-loss benefits are exempt from federal income tax, and Florida has no state income tax, so you keep the full amount of each check.
Can I get more than the weekly maximum?
Generally no — with one exception. Certain severe injuries, such as paralysis or blindness, are paid at 80% of your average weekly wage with no cap for up to six months after the accident. Otherwise, $1,358 is the 2026 ceiling regardless of how much you earned.
What if I can never return to work?
You may qualify for permanent total disability benefits at your TTD rate until age 75 or longer, and many permanently disabled workers also qualify for Social Security Disability. The two benefits offset each other, so having one firm coordinate both claims — as we do — typically protects more of your total monthly income.
This article was written by Sharon P. Jorgensen, Esq., founder of Jorgensen Law, P.A. in St. Petersburg, Florida. Sharon has been a member of The Florida Bar since 1985 and has represented injured workers throughout Tampa Bay for four decades. Benefit figures verified against the Florida DFS Division of Workers’ Compensation rate tables, current as of 2026. This information is general in nature and is not legal advice about your specific claim.
If your checks are late, too low or cut off, talk with a St. Petersburg workers’ compensation attorney at Jorgensen Law, P.A. The consultation is free, and you pay no attorney fee unless we recover money for you. Call (727) 347-7733.
