Adam Baron, a top Florida work injury attorney, explains settlements and what to do with your case.
If you have been injured on the job while working in Florida, you may be wondering what your workers’ compensation claim is worth.
Will it be a few thousand dollars? Tens of thousands of dollars? Potentially more? Maybe less?
For injured workers, several factors can affect what benefits may be available to you. Or, whether a settlement makes sense for your case.
1. The Nature of Your Injury
The first consideration is the injury itself.
A temporary injury that heals within a few weeks is different from an injury that causes permanent restrictions. Serious injuries involving the back, neck, knees, shoulders, or other parts of the body can require extensive treatment and may affect your ability to perform your job.
The more significant the long-term effects of an injury, the more important it becomes to understand your future medical and wage-loss benefits.
2. Your Medical Treatment
Medical treatment is another major factor.
Your workers’ compensation claim may involve emergency treatment, diagnostic testing, physical therapy, medication, injections, specialist appointments, or surgery.
It is important to understand not only the treatment you have already received but also whether additional treatment may be recommended.
For example, imagine a warehouse employee in Miami who suffers a serious shoulder injury. Physical therapy helps somewhat, but the employee’s doctor believes surgery may eventually be necessary.
That future treatment could be an important issue when evaluating a settlement.
3. Your Impairment Rating
After an injured worker reaches maximum medical improvement, a doctor may assign a permanent impairment rating.
Florida law establishes a schedule for impairment income benefits based on the percentage of impairment. The number of weeks of benefits increases as the impairment rating increases.
This does not mean you can simply look at your impairment rating and automatically determine the value of your entire workers’ compensation case.
A settlement can involve other benefits and future obligations as well.
4. Your Average Weekly Wage
Your wages before the accident can also affect your workers’ compensation benefits.
Florida calculates certain benefits using an employee’s average weekly wage. The calculation can become particularly important for workers who regularly worked overtime or had other compensation that
should be considered.
If you believe the insurance company calculated your average weekly wage incorrectly, that is something an attorney can review.
5. Your Ability to Return to Work
Your ability to return to your old job is another important consideration.
Some injured workers are eventually able to return to their previous position without significant restrictions. Others may need lighter work, reduced duties, or a different occupation.
Consider a construction worker in Ft. Lauderdale who suffers a back injury and can no longer safely perform heavy lifting. Even if that worker can perform some type of work, the injury may have a significant effect on the jobs available to them.
The question is not simply whether you can work. It may also be what type of work you can realistically perform after your injury.
6. Future Medical Expenses
Future medical care should not be overlooked when discussing a settlement.
If your case settles, you need to understand whether the settlement is resolving the insurance carrier’s responsibility for future medical treatment.
Florida law allows certain settlements to release the employer or insurance carrier from future medical expenses and other workers’ compensation benefits. That means a settlement should be evaluated with your future medical needs in mind.
7. Disputes With the Insurance Company
A claim involving disputed benefits can also become more complicated.
The insurance company may dispute whether the injury is work-related, the amount of wages used to calculate benefits, the need for certain medical treatment, or other aspects of the claim.Florida provides a process for employees to pursue disputed benefits through the Office of the Judges of Compensation Claims.
Every Workers’ Compensation Claim Is Different
There is nothing wrong with looking online for examples of Florida workers’ compensation settlements. The problem comes when an example is treated as a prediction of what your case is worth.
If you were injured at work in Florida, the right questions are specific to your circumstances: What benefits are you receiving? What treatment will you need? Have you reached maximum medical improvement? What restrictions do you have? What did you earn before the accident?
Adam Baron Law helps injured workers throughout Florida understand their workers’ compensation rights and the factors that can affect their claims.
Before accepting a settlement, make sure you understand both what you are receiving and what rights you may be giving up.
Contact the Law Offices of Adam Baron, P.A. – we can review your situation and explain your options.
Contact us for a free, no-obligation case review. Call 954-247-4878.