On Behalf of Rosenthal, Levy, Simon & Sosa | May 8, 2024 | Workers' Compensation
Florida workers’ compensation offers employees pay for lost income and medical expenses if they suffer a work-related illness or injury. However, if you have suffered injuries that prevent you from working long-term, you may be entitled to a settlement.
Our West Palm Beach workers’ compensation attorneys are available to negotiate compensation for your given situation.
Who Qualifies for Workers’ Compensation?
An employee can receive workers’ compensation in the Sunshine State due to a work-related injury. This may be due to a specific incident or a repeated motion that caused the injury.
Those workers who became ill due to a workplace condition can also be eligible for benefits. An occupational illness could occur as a result of exposure to carcinogenic particles, chemicals, environmental heat, and loud noises. If you are exposed to these risks on a daily basis, your chances of suffering an occupational illness substantially increase.
Partial Permanent Disability Benefits
If your injury or illness left you permanently unable to work in your previous position, you will qualify for partial permanent disability (PPD). Even though you may be able to eventually return to work, you may need to take a lower-paying job. These workers will receive a permanent impairment rating, with a higher rating indicating more severe impairment.
The impairment rating, formulated by the American Medical Association, is used to determine the number of weeks of disability benefits for which you qualify. You will be eligible to receive 75% of your weekly disability benefits, which are two-thirds of your average weekly wages. There is a statutory cap on the benefits you can receive, with the 2024 cap being $1,260.
Total Permanent Disability Benefits
Under Florida law, you are considered permanently disabled if you suffer any of the following injuries:
- Spinal cord injury involving severe paralysis
- Amputation of an arm, hand, foot, or leg
- Severe traumatic brain injury
- Severe burns that cover more than 25% of the entire body or 5% of the face and hands
- Total blindness or low vision
You will be considered permanently disabled unless your employer or the insurance company demonstrates that you are able to work in a sedentary position within a 50-mile radius. You will qualify for 75% of your weekly disability benefits until you reach age 75.
Reaching Maximum Medical Improvement (MMI)
If you decide to settle your workers’ compensation claim, the insurance company will pay you a lump sum, and your workers’ compensation benefits will cease. Before you settle your case, you will need to reach maximum medical improvement (MMI). This is the point in your recovery when your condition will no longer improve, or there will be no lasting improvement.
MMI must be determined by a physician through a physical examination. While most employees make a full recovery at this time, some may have long-lasting disabilities that prevent them from having gainful employment.
Should I Settle My Workers’ Compensation Case?
If a physician determines that your condition will no longer improve and you are still permanently disabled, it may be in your best interest to settle. An insurance company will evaluate the following factors in calculating a settlement:
- Your degree of impairment
- Your ability to care for yourself
- Income prior to your injury
- Your ability to work in the future
- Projected costs for future medical care
The insurance company wants to save money. An insurance adjuster will likely offer you a low settlement, which is in no way reflective of the worth of your case. When you meet with a workers’ compensation attorney, they will investigate your situation to determine what your case is really worth.
Speak with our West Palm Beach Workers’ Compensation Attorneys
A work injury can happen suddenly, shattering your future plans. If you have suffered an injury on the job, our West Palm Beach workers’ compensation attorneys are here to ensure you receive fair compensation. Contact us online or call 561-478-2500 today to schedule your free case review.
Gerald A. Rosenthal
Retired
Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.
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