Adam Baron, a top Florida work injury attorney, explains settlements and what to do with your case.
If you have been injured at work in Coral Springs, Fort Lauderdale, Tamarac, Coconut Creek, Sunrise, or another Broward County community, you may eventually have the same question many injured workers ask:
“How much is my workers’ compensation case worth?”
There is no simple Florida workers’ compensation settlement chart that can tell you exactly what your case is worth.
The value of a workers’ compensation claim depends on several factors, including your injury, your wages, your medical treatment, your ability to return to work, and whether you will need additional treatment in the future.
Florida workers’ compensation law does provide formulas for certain benefits. However, a negotiated settlement can involve much more than simply adding up weekly checks.
Your Injury Is Only Part of the Calculation
The seriousness of your injury obviously matters. A worker with a minor injury that heals quickly will generally have a very different claim from someone who suffers a serious back, neck, shoulder, knee, or other injury that results in permanent limitations.
But the diagnosis itself does not determine a settlement amount.
Your doctors may eventually determine that you have reached maximum medical improvement, commonly called MMI. This means your condition has stabilized and is not expected to substantially improve with additional treatment.
At that point, an impairment rating may be assigned. Florida law uses that rating to determine impairment income benefits. The number of weeks of benefits depends on the percentage of impairment. For example, the statutory formula provides different benefit periods for ratings from 1% through 10%, 11% through 15%, 16% through 20%, and 21% or higher.
That is one reason two people with seemingly similar injuries can have very different workers’ compensation claims.
Your Wages Can Also Matter
Your average weekly wage is another important part of the calculation.
Workers’ compensation benefits are generally tied to your pre-injury wages, subject to the limits established by Florida law. Your wage history may include more than your regular hourly paycheck, depending on the circumstances.
For a Broward County worker who regularly worked overtime, for example, the calculation of the average weekly wage can become important. If the insurance company uses an incorrect wage figure, it can affect the benefits you receive.
This is one reason it is important to review how the insurance company calculated your benefits rather than simply accepting the number provided.
What About Future Medical Treatment?
Future medical care can be one of the most important issues when evaluating a potential settlement.
Suppose a worker in Coral Springs suffers a serious back injury while working in a local restaurant and has already undergone months of treatment. The worker is still experiencing pain, and the treating doctor believes additional injections or surgery may eventually be necessary.
A settlement cannot be evaluated solely by looking at what has already happened.
You also need to consider what medical treatment may be needed in the future and who will be responsible for those expenses.
Depending on the settlement agreement, a lump-sum settlement may resolve the insurance carrier’s responsibility for future workers’ compensation benefits, including future medical expenses. That makes it important to understand what you are giving up before accepting a settlement.
Can You Predict Your Settlement From Someone Else’s Case?
Generally, no.
You may find online examples claiming that certain injuries are worth a specific dollar amount. These can be useful for understanding how workers’ compensation works, but they should not be treated as a valuation of your own case.
A worker’s age, wages, medical condition, impairment rating, work restrictions, future treatment, and other circumstances can all be different.
The fact that another injured worker in Fort Lauderdale or Coral Springs received a particular settlement does not mean your claim should be worth the same amount.
Talk to a Workers’ Compensation Attorney Before Settling
A settlement can affect your future benefits, so it is worth understanding the numbers before you sign an agreement.
If you were injured at work in Coral Springs, Fort Lauderdale, Plantation, Pembroke Pines, Sunrise, Tamarac, Coconut Creek, or elsewhere in Broward County, Adam Baron Law can review the circumstances of your workers’ compensation claim and explain the benefits that may be available.
The goal is not to promise a particular settlement amount. It is to make sure you understand how your claim is being evaluated and what a proposed settlement could mean for you in the future.