In a landmark decision on June 9, 2016, the Florida Supreme Court Lost Wages Ruling ruled in Westphal v. City of St. Petersburg that the existing limitation on temporary total disability benefits under Florida Statute §440.15(2)(a) was unconstitutional. This Supreme Court lost wages ruling significantly impacts how long-term injured workers are compensated and marks a pivotal shift in Florida’s workers’ compensation system.

What Was the Issue?

Prior to the Supreme Court Lost Wages Ruling, Florida law limited injured workers to just 104 weeks, (2 years) of temporary total disability benefits, regardless of whether they were still medically unable or under doctors order not to work. This provision often left seriously injured employees without income or benefits while still recovering and or awaiting permanent disability classification, creating what the Court called a “statutory gap” that the court ruled unconstitutional.

What Did the Supreme Court Decide?

In Westphal, the Florida Supreme Court Lost Wages Ruling found that the 104-week cap violated injured workers’ constitutional rights to access the courts and receive fair compensation. As a result, the Court reinstated the previous statutory limit of 260 weeks (5 years) for temporary total disability benefits.

This Supreme Court lost wages ruling ensures that workers who are still recovering or unable to work beyond two years due to serious injury can continue to receive wage replacement benefits for a longer period.

What Are the Real-World Implications?

The Court’s decision has far-reaching consequences for both injured workers and insurance carriers:

  • Extended Support for Severely Injured Workers: Workers who suffer catastrophic or career-ending injuries, such as spinal cord injuries, traumatic brain injuries, or multiple orthopedic fractures, can now receive up to five years of lost wages while undergoing treatment, rehabilitation, or vocational retraining.

Scenario Example:

A firefighter severely injured during a rescue operation is placed on “no work” status by physicians. Under the old statute, his wage benefits would have ended after 104 weeks, even though he was still unable to work and undergoing surgery. Now, with the new 260-week standard, he can continue to receive income replacement benefits while recovering or pursuing retraining for a new career.

  • Greater Incentive for Fair Settlements: Insurance carriers must now account for the increased exposure to lost wage payments when evaluating the value of a claim. This means injured workers may receive more accurate and potentially higher settlement offers, particularly in long-term disability cases.

Scenario Example:

An injured construction worker with multiple surgeries and an uncertain return-to-work timeline becomes eligible for 260 weeks of temporary disability. The insurer, knowing they may have to pay nearly three additional years of lost wages, may offer a more realistic lump-sum settlement to resolve the case.

  • Stronger Legal Standing for Current and Future Claims: This ruling strengthens the position of injured workers whose benefits were previously cut off at the 104-week mark. Those cases may now be reopened or reevaluated, especially if the worker remained disabled after the cutoff point.

What Happens Next?

While the Supreme Court reinstated the 260-week limit, the long-term future of this benefit duration remains a legislative question. Lawmakers may attempt to revise the statute again, but until then, the 5-year cap stands as binding precedent.

What Injured Workers Should Do

If you are currently receiving or were denied temporary disability benefits after reaching the 104-week mark, as a result of the Supreme Court lost wages ruling, you may be entitled to reinstated or extended benefits under this ruling. Consult with a qualified Florida workers’ compensation attorney to assess your eligibility and protect your rights.

At McGRATH GIBSON, we stay ahead of every legal development to advocate for the compensation our clients deserve. If you believe your workers’ compensation benefits were unfairly terminated or undervalued, contact our Workman’s Comp Attorneys at (904) 358-3300 for a free case evaluation.