Managing Florida’s social security and workers’ compensation laws can be complex. The state’s legal structure aims to provide financial aid to individuals unable to work due to disability or age-related challenges.
This article outlines how social security benefits interact with Florida’s workers’ compensation laws, particularly as described in Chapter 440 Section 15 of the 2023 Florida Statutes.
Eligibility for Benefits
In Florida, workers’ compensation is a crucial aspect of social security law. It provides financial assistance to employees who are injured or disabled due to work-related incidents. Chapter 440 Section 15 specifies that compensation is available to those who experience the following:
Permanent Total Disability
To access workers’ compensation benefits in Florida, a person must suffer a significant work-related injury. This includes severe conditions like spinal cord injuries, amputations, serious brain injuries, and major burns. Such injuries must hinder the individual’s ability to engage in any type of employment.
Severity and Employment Impact
Eligibility is determined by the severity of the injury and its effect on the person’s capability to work. Only those whose injuries prevent them from working qualify for permanent total disability benefits.
Impact of Age and Disability on Benefits
Age Limitations
Generally, workers’ compensation benefits cease when the employee reaches age 75. However, exceptions exist for those whose injuries have hindered them from earning enough work credits to qualify for federal social security benefits.
Exceptions for Older Employees
For injuries occurring after age 70, benefits are limited to five years following the determination of permanent total disability, unless the individual is ineligible for federal benefits due to insufficient work credits.
Temporary Benefits and Rehabilitation
Duration of Temporary Benefits
Florida statutes allow for temporary total disability benefits for up to 104 weeks. This phase is designed to aid individuals as they recover and prepare to return to the workforce.
Focus on Recovery and Return to Work
During this period, individuals may receive support for rehabilitation and retraining, aligning with both state and federal objectives to encourage recovery and facilitate a return to work when possible.
Coordination with Social Security Benefits
Florida law coordinates state workers’ compensation benefits with federal social security benefits to prevent overlapping payments. If an individual is eligible for both, state benefits might be adjusted.
This ensures total benefits don’t exceed a certain percentage of the individual’s pre-disability earnings, typically 80%. This coordination helps maintain a balanced support system for the disabled.
Need A Lawyer?
If you’re facing challenges with Florida’s social security and workers’ compensation laws and require expert legal guidance, consider reaching out to Victor Malca Law. With over 27 years of experience, Victor Malca is an experienced attorney focusing on workers’ compensation and social security disability cases. The firm is committed to defending the rights of Florida’s workers and helping them obtain the benefits they deserve.
Victor Malca Law offers a free consultation to discuss your situation and provide advice suited to your needs. They prioritize client care and have a strong record of achieving successful outcomes. Based in Plantation, Florida, they serve clients throughout Miami-Dade and Broward Counties.
You pay nothing unless they win your case, allowing you to get the support you need without upfront costs. Leverage their expertise and commitment to securing the compensation and benefits you are entitled to. Schedule a free consultation today and let Victor Malca Law support you in your legal journey.
Wrapping Up
Grasping the relationship between Florida’s workers’ compensation laws and federal social security benefits is vital for individuals dealing with disability or age-related work limitations. Chapter 440 Section 15 of the 2023 Florida Statutes presents a comprehensive strategy to provide financial support for those unable to work due to injury or disability, while also aligning with federal benefits to optimize resources.
Understanding these legal aspects can better equip individuals to secure the financial support essential for their well-being.
VICTOR MALCA – Florida Workers Compensation & Social Security Disability Attorney
Victor Malca P.A. has over 27 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success when fighting for his clients puts him among the most trusted workers’ compensation attorney’s in Florida. He specializes in representing injured workers on compensation benefit cases and disabled individuals claiming lost social security disability benefits.
Book a free consultation today. Our unwavering advocacy for employee rights and privileges are recognized by our past clients across South Florida.