Florida does not publish a single workers’ comp settlement calculator that produces one final number. The state’s Division of Workers’ Compensation offers three official online calculators, one each for temporary total disability, temporary partial disability, and impairment benefits, and a settlement estimate is built by adding the remaining value of each benefit stream the worker is owed to projected future medical costs, then adjusting for the strengths and weaknesses of the claim. The formulas themselves are set by statute and are straightforward once you see how they fit together.
You can reach the state’s calculators through MyFloridaCFO. Each asks for the year of injury, the Average Weekly Wage, and inputs specific to the benefit. They estimate individual benefit streams, not a total settlement.
The Average Weekly Wage Is the Starting Number
Nearly every dollar figure in a Florida claim traces back to the Average Weekly Wage. The AWW is total earnings during the 13 calendar weeks before the accident, excluding the week of injury, divided by 13. Only wages reported for federal income tax purposes count, and wages from a concurrent second job must be included if the worker provides records.
The Compensation Rate is 66⅔ percent of the AWW. A worker earning $900 per week has a compensation rate of about $600. That rate is the baseline for temporary disability payments and feeds into the impairment calculation as well. Benefits are capped at a statewide maximum that changes every January 1. For injuries in 2026, the maximum weekly rate is $1,358 and the minimum is $20.
What Each Benefit Stream Is Worth
Temporary Total Disability
When a doctor says the worker cannot do any work, Temporary Total Disability pays the full compensation rate (66⅔ percent of AWW). For loss of a limb or total loss of eyesight, the rate rises to 80 percent of AWW for the first six months. TTD continues until the worker reaches maximum medical improvement or hits the 104-week cap, whichever comes first. Payments can be reduced or cut off for missed medical appointments or refusal of suitable work.
Temporary Partial Disability
If a doctor clears the worker for light duty at reduced wages, TPD fills part of the gap. The formula: multiply AWW by 80 percent, subtract the worker’s actual gross light-duty earnings, then multiply the result by 80 percent. TPD shares the 104-week cap with TTD and ends at maximum medical improvement if that comes sooner.
Impairment Benefits
Impairment Income Benefits are where the permanent value of a claim starts to form. Once the worker reaches maximum medical improvement, the treating physician assigns a Permanent Impairment Rating as a percentage of the whole body, generally using the 1996 Florida Uniform Permanent Impairment Rating Schedule.
The rating determines how many weeks of benefits the worker receives, on a tiered scale under Section 440.15(3)(g):
- 1% to 10% impairment: 2 weeks per percentage point
- 11% to 15%: 3 weeks per point
- 16% to 20%: 4 weeks per point
- 21% or more: 6 weeks per point
The tiers are cumulative, not flat-rate. The weekly impairment benefit is 75 percent of the worker’s TTD rate. If the worker has returned to a job paying at least pre-injury wages, that weekly amount is cut in half.
A worked example: a worker with a $780 TTD rate and a 30 percent impairment rating has a weekly impairment benefit of $585 (75 percent of $780). Walking up the tiers produces roughly 105 weeks of entitlement, which at $585 per week comes to about $61,425 in total impairment benefits. Return to pre-injury wages would halve that figure.
Permanent Total Disability
Catastrophic injuries may qualify for Permanent Total Disability, paid at 66⅔ percent of AWW for the duration of the disability. The claimant must show an inability to perform even sedentary work within 50 miles of home. The law presumes PTD for severe spinal cord injuries with paralysis, amputations, severe brain injuries, extensive burns, or total blindness, subject to rebuttal.
PTD recipients also receive an annual supplemental benefit of 3 percent of the weekly rate multiplied by the number of calendar years since the injury, with the combined total capped at the current maximum weekly rate. Benefits generally end at age 75, and workers injured at age 70 or older are limited to five years from the date of the PTD determination. Workers who draw both PTD and Social Security Disability face an offset under Section 440.15(9) so that the combined total does not exceed 80 percent of the higher of AWW or Average Current Earnings.
From Benefit Streams to a Settlement Figure
A Florida settlement is a voluntary agreement in which the worker accepts a lump sum in exchange for closing some or all future rights to benefits. Neither side can be forced to settle, and a judge cannot order one. The most common form is the “washout” settlement under Section 440.20(11), which rolls past-due benefits, remaining indemnity payments, projected future medical costs, and sometimes penalties and interest into a single lump sum that permanently closes the claim.
For represented workers, the settlement does not need Judge of Compensation Claims approval except as to the attorney’s fee. For unrepresented workers, the JCC must review the agreement and confirm the worker understands what rights are being waived. The state’s data portal confirms that settlement amounts vary enormously, and there is no reliable “average” to anchor to.
Projected Future Medical Costs
Expected expenses for surgeries, physical therapy, injections, and medications often make up the largest portion of a settlement, especially where the worker gives up the right to future insurer-paid treatment. The doctor’s prognosis and the worker’s life expectancy drive the estimate.
Medicare Set-Asides
If the worker is a current Medicare beneficiary or expects to enroll within 30 months, Medicare’s interests have to be accounted for. The Centers for Medicare and Medicaid Services recommends a Workers’ Compensation Medicare Set-Aside when the total settlement exceeds $25,000 for current beneficiaries or $250,000 for those approaching eligibility. The MSA allocates part of the settlement for future injury-related care Medicare would otherwise cover; mishandling it can cause Medicare to refuse related treatment. CMS review usually takes 30 to 60 days. The MSA can be funded as a lump sum or through an annuity, which can reduce the upfront cost. In one example from the literature, an $87,000 MSA projection was funded with a $56,000 annuity, freeing up roughly $30,000 for the claimant’s other needs.
What Pushes the Number Up or Down
Major Contributing Cause
Section 440.09 requires the work-related injury to be more than 50 percent responsible for the disability compared to all other causes combined, proven by objective medical evidence. If a pre-existing condition contributes, the employer is liable only to the extent the workplace injury remains the dominant cause. An insurer that can point to a prior back condition or earlier knee surgery has a lever to argue the claim is worth less or should be denied.
Penalties and Interest
Late indemnity payments add to the pot. Florida imposes a 20 percent penalty on any installment not paid within seven days of its due date, plus 12 percent annual interest on the unpaid amount. The interest is mandatory; the penalty can be waived only if the carrier proves the delay was beyond its control.
Other Variables
- Severity and body part: higher impairment ratings and more critical regions produce more weeks of benefits and larger projected medical costs.
- Lost earning capacity: if the injury forces a move to lower-paying work, the gap in future earnings raises the claim’s value.
- Age, education, and work history: these shape retraining prospects and the insurer’s long-term exposure.
- Timing: settling before maximum medical improvement is widely discouraged, because the full scope of the injury is not yet known and the payout tends to be lower.
What Comes Out Before You Get Paid
Attorney Fees
Section 440.34 caps claimant attorney fees on a sliding schedule: 20 percent of the first $5,000 in benefits secured, 15 percent of the next $5,000, 10 percent of remaining benefits secured during the first ten years after the claim is filed, and 5 percent of anything secured after that. Fees above those percentages are not permitted. If the employer or carrier made a written settlement offer at least 30 days before trial, “benefits secured” for fee purposes is limited to what the judge awarded above that offer. Where the claimant is responsible for the fee, it becomes a lien on the compensation payable.
Structured Settlements
Instead of taking everything as a lump sum, a worker can structure part or all of the payout as an annuity. Periodic payments from a structured workers’ comp settlement are generally tax-free under IRC Section 104(a)(1). In one documented Florida case, a $446,000 settlement was structured with a combination of a Medicare Set-Aside annuity and a personal income annuity, producing more than $550,000 in total payout over 12 years. The trade-off is reduced liquidity; changing the schedule later requires court approval.
Taxes
Workers’ comp benefits and settlement proceeds are generally not taxable at either level. Florida has no state income tax, and federal law excludes workers’ comp from gross income. The main exception arises when a worker receives both workers’ comp and Social Security Disability: if the combined total exceeds 80 percent of pre-injury earnings, a portion of the Social Security benefit (not the workers’ comp itself) can become taxable. Wages earned on light duty are taxable in the normal way.
Where to Run the Numbers
Three free calculators from the Florida Division of Workers’ Compensation handle the individual pieces:
- TTD Calculator: enter year of injury and AWW; returns the weekly compensation rate subject to the annual cap.
- TPD Calculator: enter year of injury, AWW, and actual light-duty earnings; applies the 80-percent formula.
- Impairment Benefit Calculator: enter year of injury, AWW, return-to-work status, and impairment rating (1 to 75 percent); returns the weekly benefit and total weeks payable.
To approximate a total settlement, add the remaining value of each benefit stream the worker is still owed to projected future medical costs, then adjust for the risk that the insurer prevails on disputed issues such as major contributing cause. Workers with questions about their calculations can contact the Bureau of Employee Assistance and Ombudsman Office at 1-800-342-1741 or wceao@myfloridacfo.com.