Hablamos Espanol
Hablamos Espanol
Impairment Income Benefits are the wage benefits paid after you reach maximum medical improvement with a permanent impairment. Under Florida Statute § 440.15(3), your impairment rating converts into a fixed number of weeks of benefits, paid biweekly at 75% of your average weekly temporary total disability rate.
Entitlement begins the day after you reach maximum medical improvement, or the day after your temporary benefits expire — whichever happens earlier.
That second trigger matters. A worker who exhausts 104 weeks of temporary benefits without any doctor declaring MMI still moves into the impairment phase. The clock does not wait for the medical opinion.
Once the carrier knows your impairment, it must pay benefits within 14 days.
The rate is 75% of your average weekly temporary total disability benefit, capped at the statewide maximum under § 440.12. Payment is biweekly.
If you have returned to work and earn at or above your average weekly wage in a given week, that week’s benefit is reduced by 50%.
Worked example. Your AWW is $900, so your TTD rate is $600 per week. Your IIB rate is 75% of $600, which is $450 per week. If you go back to work earning your full pre-injury wage, that drops to $225 for those weeks.
For accidents on or after October 1, 2003, the number of weeks is tiered — the higher your rating, the more weeks each additional point is worth:
Continuing the example. A 12% impairment rating produces (10 × 2) + (2 × 3) = 26 weeks. At $450 per week, that is $11,700 total.
A 22% rating produces (10 × 2) + (5 × 3) + (5 × 4) + (2 × 6) = 67 weeks. Tiering means a rating that is only ten points higher is worth roughly two and a half times as much—which is why disputes over a percentage point or two are worth taking seriously.
Benefits continue until the weeks are exhausted or the employee dies.
Impairment income benefits are payable only for ratings of physical impairment.
Where objective medical findings substantiate a permanent psychiatric impairment resulting from the accident, permanent impairment benefits for that psychiatric impairment are limited to 1% permanent impairment. That is the statutory ceiling regardless of how severe the psychiatric condition is.
IIB is arithmetic, which makes it easy to check. You need three numbers: your correctly calculated AWW, your TTD rate, and your impairment rating. From those, the weekly amount and the total number of weeks follow mechanically.
Run the calculation yourself. If the carrier’s total doesn’t match, the discrepancy is almost always in the rating or the AWW—and you can challenge both. Because impairment benefits are also a significant component of settlement value, an error here follows you into any settlement discussion.
Your weekly rate is 75% of your temporary total disability rate. The number of weeks comes from your impairment rating on a tiered schedule: 2 weeks per point for the first 10%, 3 weeks per point for 11–15%, 4 weeks per point for 16–20%, and 6 weeks per point for 21% and above.
The day after you reach maximum medical improvement, or the day after your temporary benefits expire, whichever comes first. Once the carrier knows of your impairment, it must pay within 14 days.
Not entirely. If you earn at or above your average weekly wage in a given week, that week’s payment is reduced by 50%. If you earn less than your AWW, you continue at the full rate.
Only up to 1%. Florida caps permanent impairment benefits for psychiatric impairment at a 1% rating, even where objective medical findings substantiate a more severe permanent psychiatric condition arising from the accident.
Reviewed by: Scott J. Sternberg