Workers’ compensation benefits hinge on one core question: how much did the injury change your ability to earn? In Orlando, the answer turns on your medical restrictions. Those restrictions drive whether you are taken off work entirely, sent back with limitations, or placed in a job you never expected to do. The wrong move at any step can cost you weeks or months of pay. I have seen warehouse workers kept on light duty at a fraction of their normal overtime, nurses shuffled to desk roles that didn’t exist a week earlier, and resort staff pulled off ladders and told to fold towels. The law tries to keep paychecks flowing, but it does not happen automatically.
A seasoned workers compensation lawyer will look at your restrictions first, then your job demands, and finally the wage math. The goal is simple: match benefits to your actual loss of earning capacity and keep the claim compliant with Florida law so checks continue on time. If you are searching for a workers compensation attorney near me or comparing a workers comp law firm to handle your case, understanding this chain from restrictions to pay will help you spot problems early and press for the right benefits.
The building blocks: work status and restrictions in Florida
After an injury, the authorized treating physician sets your work status. In Florida workers’ compensation, there are three common categories:
- No work status: You are completely taken off work for a period due to the injury. This triggers temporary total disability (TTD) benefits, typically two-thirds of your average weekly wage, subject to statewide maximums that change yearly. Light duty or restrictions: You can work, but only within specific limitations such as no lifting over 10 pounds, no overhead reaching, or only sedentary work. This status can trigger temporary partial disability (TPD) benefits if you earn less than 80 percent of your pre-injury wage. Full duty: You are released to your regular job without restrictions. This generally ends wage-loss benefits unless complications arise later.
Restrictions are not suggestions. They are medical orders intended to prevent re-injury and promote healing. In practice, they become the legal boundary lines for your employer. If your employer has suitable light duty within those lines, they can offer it. If they do not, you should receive lost-wage benefits even if the doctor says you could work somewhere else hypothetically. This is a point that often requires an experienced workers compensation lawyer to press with adjusters who want to minimize payouts by assuming jobs exist that no one has offered you.
How average weekly wage really works
Everything starts with the average weekly wage (AWW). In Florida, AWW typically uses your 13 weeks of gross earnings before the injury, divided by 13. Overtime counts if it was regular. If you were a new hire without 13 weeks, or your hours were irregular, the law allows alternatives, including a similarly situated co-worker’s wages. I have found more underpaid checks from bad AWW calculations than any other single mistake. It can swing benefits by hundreds of dollars per week, especially in Orlando hospitality and construction where overtime and tips are common.
Keep pay stubs. If you were working two jobs and the injury prevents you from doing both, your AWW may include concurrent employment, but the second job must be documented and legal, and your employer or the carrier has to accept it. This is the kind of nuance where a workers comp attorney translates your actual pre-injury earnings into a defensible AWW that the insurer will honor.
When “no work” means temporary total disability
If the doctor writes you out of work entirely, TTD kicks in. In Florida, TTD pays 66⅔ percent of your AWW up to the statutory maximum. In severe cases, if you have a catastrophic type of injury, the rate can increase, but that requires specific criteria and documentation.
Two practical issues come up repeatedly:
- The first check arrives late. It should not, but it often does. Benefits begin on the eighth day of disability, and the first seven days are only payable if you are disabled more than 21 days. If your check is delayed or short, a workers comp lawyer near me can push for penalties and interest when warranted. Modified work appears suddenly. Employers sometimes produce a “job” like watching a security monitor or shredding documents. If the doctor says no work, the employer cannot override that with a desk chair. Do not be pressured back prematurely. The safest path is to contact your workers compensation law firm before returning so you do not jeopardize benefits or your health.
Light duty and temporary partial disability: where most disputes live
Most Orlando cases do not stay TTD for long. The physician typically moves you to restrictions, often within two to six weeks. That is when temporary partial disability becomes the linchpin. TPD benefits supplement your reduced earnings when you are on light duty. The law compares your current earnings to 80 percent of your AWW, and the benefit is 80 percent of the difference. Here is the key: if your employer does not have work within your restrictions, the carrier still owes TPD, because your loss comes from the injury, not from your employer’s lack of a suitable position.
Two examples from real-world patterns:
- Theme park tech with 20 hours of overtime: Pre-injury AWW included 10 to 20 hours of OT. Post-injury, the employer offers a 40-hour desk role with no overtime. On paper, you still have full-time work, but the overtime loss is real. TPD should address the gap. This often requires careful documentation and a firm nudge from an experienced workers compensation lawyer to ensure overtime was correctly captured in AWW and the TPD calculation is honest. Hotel housekeeper with a lifting restriction: The resort offers a laundry-folding role for 25 hours per week. That is within restrictions, so you should accept it. But 25 hours at a lower hourly rate leaves a big shortfall. You still qualify for TPD to cover the difference up to statutory limits. The adjuster will look for reasons to limit the benefit. Document every hour offered and worked.
Suitable employment and the return-to-work debate
“Suitable employment” means a job that fits your restrictions and is reasonably within your skills and experience. Florida law does not force an employer to create a perfect job. However, the job offered cannot violate restrictions, and it must be bona fide work. I still see employers push “made up” positions that exist for a week, then disappear, followed by a termination for lack of work. In those situations, you should not lose benefits simply because the employer played musical chairs.
Communication matters. If you receive an offer, respond promptly. Show up if the job appears compliant with your restrictions, even if the work feels trivial. If you think the tasks violate your restrictions, ask your doctor to clarify in writing. Do not rely on a supervisor’s interpretation of your medical note. A workers compensation attorney can coordinate with the doctor’s office to refine the restrictions so everyone understands what is allowed.
How independent medical exams and second opinions shift the ground
Disputes over restrictions happen all the time. Your treating doctor says no overhead lifting, the employer’s nurse says you can reach occasionally, or the adjuster commissions an independent medical exam that is more liberal. Florida permits both sides to seek additional opinions under certain rules. An IME can change your work status or tighten or loosen restrictions. That, in turn, affects lost wages.
If you suddenly lose wage benefits after an IME that contradicts months of treatment records, a workers comp law firm can challenge the change. In practice, the most persuasive evidence is detailed, consistent documentation: therapy notes, diagnostic imaging, and functional capacity evaluations. A well-run FCE can settle a work-capacity dispute more effectively than a short physician note. The carrier knows this, and will often re-evaluate benefits if the FCE aligns with your treating doctor.
The 80 percent threshold everyone forgets
TPD hinges on that 80 percent threshold of AWW. If your post-injury earnings meet or exceed 80 percent, the carrier will often stop TPD. That does not mean your case ends, only that wage supplements pause while you are earning close to your pre-injury level. Here is where overtime and tips, if undercounted in AWW, can bite you. A low AWW can make it look like you surpassed 80 percent when you did not. Correcting AWW can restart TPD and generate back pay.
Another subtlety: if you have good weeks and bad weeks, TPD is calculated week by week. Do not assume a high-earning week cancels your right to benefits for a later slow week. Keep pay records. Submit them promptly. A diligent workers comp attorney sets a routine: submit wage statements each Friday, track the carrier’s calculations, and press for corrections within days, not months.
Maximum medical improvement and the shift to impairment benefits
Eventually, the doctor will place you at maximum medical improvement. That MMI date changes the type of benefits available. If you have a permanent impairment rating, you receive impairment income benefits (IIBs) based on that rating, not on weekly wage loss. For many injured workers, this is a frustrating pivot because the impairment formula often pays less than TPD, especially if you had significant overtime loss. You may still have a permanent restriction that reduces your long-term earning capacity, but Florida’s schedule does not automatically pay for that future wage loss unless another provision applies.
If your permanent restrictions knock you out of your old job and your employer has nothing suitable, vocational rehabilitation can come into play. It is underused, but it can fund training and job placement. When rehabilitation is set up properly, it can also form the basis for continued TPD if you are diligently searching but not yet at 80 percent of AWW. The best workers compensation lawyer keeps the door open to rehab early, building a record that you tried to restore your income.
When refusing light duty costs you
Declining a bona fide light duty offer that is within your restrictions can suspend wage benefits. This is one of the most common, costly mistakes. If you believe the job violates your restrictions, do not just say no. Ask for the job’s physical demands in writing. Bring that description to your authorized doctor. Get a written clarification. If the doctor says the job is not appropriate, you are on firm ground. If the job is appropriate and you refuse, the carrier will likely cut off TPD, and reinstating it later is an uphill climb.
Timing matters. A same-day no-show can trigger discipline that has nothing to do with your injury, which complicates the claim. If you are unsure, call your work injury lawyer before the start of the shift. A 10-minute conversation can preserve weeks of benefits.
Coordination with FMLA, ADA, and employer policies
Workers’ compensation exists alongside other laws. In Orlando’s larger employers, human resources often juggles the Florida workers’ comp statute with FMLA leave and ADA accommodations. These systems overlap but do not replace each other. FMLA protects your job for up to 12 weeks if you qualify, but it is unpaid. ADA can require reasonable accommodations if you can perform essential functions with restrictions. Workers’ comp pays lost wages based on disability status and actual earnings.
Confusion arises when an employee is released to light duty, the employer has no job, and HR places the worker on unpaid leave while the carrier stops TPD. That is wrong. No suitable light duty means wage-loss benefits should continue. A workers comp attorney can address this quickly with the adjuster and, if needed, the state. In the meantime, keep all HR emails. They often contain admissions that no work exists within restrictions, which is powerful evidence for reinstating benefits.
The travel and therapy trap
Restrictions are not just about job tasks. They also shape your schedule. Medical appointments and therapy sessions cut into work hours. Some employers say you can only attend outside work time. If therapy is ordered three times a week during business hours, and your employer will not allow you to attend without losing pay, your reduced earnings may be compensable under TPD. Capture the hours missed for authorized care. Invoices and therapy sign-in sheets matter.
For mileage, Florida reimburses travel to authorized medical care. It will not replace wages for travel time by default, but the wage impact may factor into your TPD if you lose hours. The carrier rarely explains this nuance. A meticulous workers compensation attorney builds a calendar linking appointments, hours lost, and wage stubs to show the weekly shortfall.
Surveillance, social media, and protecting your credibility
Once restrictions limit your work, expect scrutiny. Insurers sometimes order surveillance, especially if benefits are significant or the case is approaching settlement. A short video of you carrying a heavy grocery bag can produce a dispute over whether your restrictions are too strict. This does not mean you cannot live your life. It does mean you should follow medical restrictions in public and at home, keep lifting to the limits set by your doctor, and avoid performative tasks that contradict your stated limitations.
Social media posts get stripped of context. A single photo of you smiling at a beach says nothing about pain levels or how long you were standing, yet it will be used to attack credibility. Most workers comp lawyers recommend tightening privacy settings and avoiding injury-related posts entirely until the case resolves.
How settlements reflect restrictions and wage loss
In Florida, many cases resolve through a lump-sum settlement that closes out future benefits. Your current restrictions, your AWW, your history of TTD or TPD payments, and the likelihood of future wage loss drive settlement value. For instance, a commercial electrician with permanent overhead restrictions has a harder time returning to full earnings than an office worker with a healed wrist fracture. That difference shows up in negotiations.
Insurers do their own math, usually conservative. They consider how soon you will reach MMI, your impairment rating, the quality of your work search if you are unemployed, and whether an adverse IME could reduce benefits. A strong workers comp law firm will leverage clean wage documentation, supportive medical opinions, and evidence of continued restrictions to justify higher settlements. Inconsistent records, missed appointments, or unclear AWW numbers depress value.
Practical steps that safeguard your wage benefits
Use these steps to keep the wage portion of your claim on track:
- Get the restrictions in writing at every visit, and keep copies. Hand them to HR the same day, and note who received them. Confirm job offers, hours, and pay rate in writing. If your role changes midweek, email HR to document what actually happened. Track your weekly earnings and missed hours due to treatment. Send proof to the adjuster consistently. Speak with a workers compensation attorney early if light duty seems unsafe or unrealistic. Do not wait until benefits are cut off. Keep your conduct consistent with your restrictions. Avoid lifting or tasks that can be misconstrued.
Local realities in Orlando: industries, schedules, and the overtime factor
Orlando’s economy leans on hospitality, healthcare, construction, aviation support, and logistics. Those sectors bring two wage patterns that affect claims: heavy overtime and variable schedules. A line cook at a resort might swing from 35 to 60 hours depending on conventions. A roofer can hit 55 hours for weeks, then drop during storms. If your pre-injury record reflects this volatility, your AWW should too. When a carrier uses only 40 hours at base pay to compute AWW, you will lose substantial TTD and TPD.
Another pattern: seasonal surges. If your injury occurs just before a busy season, and your last 13 weeks were slow, a comparable co-worker’s wages may better reflect your normal earnings. That substitution is authorized under Florida law when the 13-week snapshot Work injury lawyer is not fair. An experienced workers compensation lawyer can gather the right comparator data from payroll to fix a low AWW.
For healthcare workers, light duty often means clerical tasks at a lower differential. Losing shift differentials and weekend premiums can cut income by 10 to 30 percent. Those losses matter. They are recoverable through TPD if documented.
What to do when the employer says “we have no light duty”
No light duty means wage benefits should continue while you comply with restrictions and look for work within your capacity. Some carriers still demand a work search. The law on this point is nuanced and fact-sensitive. In general, if the authorized doctor has you on restrictions and your employer cannot accommodate, you should not be punished for not finding another job immediately, especially early in recovery. That said, demonstrating a good-faith job search can strengthen your position and move a claim out of limbo.
A workers comp law firm that knows the local market can point you to resources, including vocational rehab and short training programs that fit within restrictions. It is not just about benefits, it is about getting back to sustainable earnings.
Red flags that signal you need legal help now
If any of the following shows up in your case, consult a workers comp lawyer near me promptly:
- The carrier cuts TTD or TPD after an IME without explaining the math in writing. Your employer offers “restricted duty” but assigns tasks that plainly exceed your restrictions. Your AWW excludes obvious overtime, tips, or concurrent employment. You are terminated while on restrictions and the carrier denies wage-loss benefits. You reach MMI with permanent restrictions that eliminate your old job, and no one discusses vocational options.
A skilled work accident attorney will not just argue with the adjuster. They will make the record: corrected AWW, clarified restrictions, documented job offers and refusals, week-by-week wage statements. That record is the difference between a smooth claim and a contested one.
Choosing counsel: what actually matters
When people search for a workers compensation lawyer near me or compare firms that claim to be the best workers compensation lawyer in Orlando, they often focus on advertising. Focus instead on process. Ask how the firm handles AWW calculations. Ask who will gather wage records and how quickly they push back on short checks. Ask whether they coordinate with treating physicians to tighten ambiguous restrictions. Look for an experienced workers compensation lawyer who can explain TTD and TPD in plain language and who returns calls within a business day. The best results come from steady, disciplined file management, not slogans.
If you already have a claim number, the right workers compensation attorney will request the adjuster’s payment ledger, audit every check, and reconcile it to your wage history within the first two weeks. That single step often reveals underpayments that can be corrected without a fight. If your case needs more muscle, an experienced workers comp law firm will schedule depositions, commission a functional capacity evaluation, and prepare for mediation with a clear demand that ties restrictions to wage loss.
The bottom line on restrictions and wages
Medical restrictions shape your paycheck as much as your job title. They determine whether you receive TTD, TPD, or no wage-loss benefits at all. In Orlando’s variable-hour economy, getting the wage math right is half the battle. Document restrictions, secure a proper AWW, accept only suitable light duty, and keep weekly earnings records. When disputes surface, a workers comp attorney who knows the local landscape can move quickly to restore benefits and protect your long-term earning capacity.
Whether you think of it as hiring a work injury lawyer, a work accident lawyer, or simply the workers compensation attorney near me that friends recommend, choose someone who treats the wage component as central. Your recovery depends on it, not just physically, but financially.