Hablamos Espanol
Hablamos Espanol
Temporary Total Disability, or TTD, is the wage benefit paid when a work injury leaves you unable to work at all while you are still recovering. Under Florida Statute § 440.15(2), TTD pays two-thirds of your average weekly wage, subject to a statewide maximum, and ends when you reach maximum medical improvement or hit the statutory week limit.
TTD is the benefit for total, temporary incapacity. Two conditions have to hold at once: your authorized treating physician has taken you completely out of work, and you have not yet reached maximum medical improvement.
If your doctor releases you to light duty with restrictions, you move to temporary partial disability instead. If you reach MMI, temporary benefits end and impairment income benefits take over. TTD occupies the window between the accident and one of those two events.
The rate is 66⅔% of your average weekly wage, capped at 100% of the statewide average weekly wage for your year of injury. For accidents on or after January 1, 2026, that cap is $1,358 per week.
A worker with an AWW of $1,050 receives $700 per week. TTD is not subject to federal income tax.
Certain catastrophic injuries pay at 80% of your average weekly wage rather than two thirds for the first six months after the accident: loss of an arm, leg, hand, or foot; paraplegia, paraparesis, quadriplegia, or quadriparesis; or loss of sight in both eyes. This enhanced rate is not subject to the statewide maximum so that it can exceed the ordinary weekly cap. It is not payable if you are eligible for or collecting permanent total disability benefits, and the months you receive it count toward — not in addition to — your 104 weeks.
The first seven days of disability are not compensable. If your disability extends beyond 21 days, those first seven days become payable retroactively.
This surprises people. A worker out for two weeks is paid for one. A worker out for four weeks is paid for all four.
Section 440.15(2)(a) caps temporary disability benefits at 104 weeks — two years — or the date you reach MMI, whichever comes first. TTD and TPD count together against that total.
That cap created a serious problem, and the Florida Supreme Court addressed it. In Westphal v. City of St. Petersburg (Fla. 2016), a firefighter remained totally disabled and unable to work after 104 weeks but had not yet reached MMI, so he could not qualify for permanent total disability either. He fell into a gap with no benefits.
The Court held the 104 week limitation unconstitutional as applied in those circumstances, as a denial of access to courts, and revived the pre-1994 limit of 260 weeks — five years — for workers in that position.
The practical result: if you are still totally disabled when your 104 weeks run out and no doctor has placed you at MMI, your temporary benefits should not simply stop. Carriers do not always apply Westphal on their own.
Check two numbers: your weekly TTD rate against two thirds of your correctly calculated AWW, and your cumulative week count against 104.
If you are approaching 104 weeks and still cannot work, you need to address that deadline before it arrives, not after. The transition point between temporary benefits, impairment benefits, and permanent total disability is where claims most often break down—and where the difference between an informed and uninformed worker is measured in years of benefits.
Generally up to 104 weeks, or until you reach maximum medical improvement, whichever comes first. Under Westphal v. City of St. Petersburg, workers who remain totally disabled at 104 weeks without having reached MMI may be entitled to up to 260 weeks of temporary benefits.
Two-thirds (66⅔%) of your average weekly wage (AWW), subject to the statewide maximum weekly benefit for your date of injury — $1,358 per week for injuries on or after January 1, 2026.
Certain catastrophic injuries qualify for 80% of AWW for the first six months after the accident. This enhanced rate is not subject to the statewide maximum and may exceed the ordinary weekly cap. It is not payable if you are eligible for or collecting permanent total disability benefits. The weeks you receive this enhanced rate count toward your 104-week limit.
TTD benefits are generally not subject to federal income tax.
Not initially. Florida does not compensate the first seven days of disability unless your disability lasts more than 21 days, at which point the first week becomes payable retroactively.
TTD applies when you cannot work at all. TPD applies when you can work with restrictions but earn less than 80% of your pre injury wages. TPD pays 80% of the difference between 80% of your AWW and what you actually earn.
Reviewed by: Scott J. Sternberg