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If an individual who has achieved the level of maximum medical improvement is unable to earn at least 80% of his/her compensation rate (compensation rate is the figure that is 2/3 of the average weekly wage), he/she may eligible for retraining services through the State of Florida. The State of Florida will provide tuition, books, and other material services to an injured worker if the State believes the individual possesses the necessary skills and aptitude to be enrolled in a State sponsored retraining program. If such a program is awarded, the individual would become eligible for up to 52 weeks of Rehabilitative Temporary Total Disability Benefits through the carrier. These benefits would be provided for an initial period of 26 weeks which could be extended by an additional 26 weeks if the person continues to be enrolled in the State sponsored program and is making sufficient academic progress.
The Rehabilitative Temporary Total Disability Benefits are available only if the claimant is enrolled in a State sponsored program. The claimant cannot pursue a private rehabilitation program and then seek Rehabilitative Temporary Total Disability Benefits through the State of Florida.
The total number of weeks of eligible Rehabilitative Temporary Total Disability Benefits fall within the overall cap of 104 weeks of temporary benefits. As such, if the claimant exhausts a certain number of weeks of Temporary Total and/or Temporary Partial Disability Benefits during their recovery process, they will only be eligible for the number of weeks remaining within the 104 week cap.
Continue reading - Permanent Total Disability benefits
The information contained in this FAQ section is intended to familiarize an individual with the general laws impacting individuals in Florida. It is not intended to apply to your specific case, and should not be construed as legal advice. If you have questions regarding your specific circumstances, please feel free to call for a free consultation.