WORKERS’ COMPENSATION SETTLEMENTS in FLORIDA

Hurt at Work? The Law Offices Of Adam Baron Can Help You Get the Settlement You Deserve

Encountering an accident or illness at work is a devastating and difficult situation to overcome. Without our jobs, we cannot pay our bills or support our families. Fortunately, the workers’ compensation system provides recourse to employees who are hurt on the job in the form of workers’ compensation benefits payments or workers’ compensation settlements.

Navigating this process can be especially difficult due to its complex rules and the insurance companies that are in charge of determining the amount of benefits to which you are entitled in Florida. Experienced workers’ compensation attorney Adam Baron has assisted Florida residents and other individuals in pursuing a settlement after suffering a debilitating job-related injury.

Workers’ Compensation Settlements

What are workers’ compensation settlements? According to federal and Florida laws, injured workers are eligible to receive benefits after suffering an accident or illness at work. The workers’ compensation system was established many years ago as an agreement between labor unions and employers. The agreement provides Florida workers with a system for obtaining benefits. In exchange, they are barred from pursuing a legal action against their employers for their injuries, with a few limited exceptions.

Unfortunately, many Florida employers and insurance adjustors abuse this privilege and deny claims simply as a way to avoid paying out on the benefits owed to workers who are injured or made ill while on the job. For help with understanding what benefits and settlements may be available to you – or to fight a claim denial, contact a Florida workers’ compensation settlement attorney at the Law Offices of Adam Baron, P.A. We will meet with you free of charge to discuss the options available to you at this time.

The first step in recovering benefits is to report your injury to your employer so that it can open a claim with its workers’ compensation insurer. It is important that you report your injuries immediately and see a doctor as soon as possible to begin documenting the nature and scope of your harm. The insurer will likely ask you to see a pre-approved physician, who will then determine whether your injuries are temporary or permanent, and whether they are partial or total. These two classifications will guide the insurer in determining the amount of benefits that you should be awarded.

How Does a Worker’s Compensation Settlement Actually Work?

In the state of Florida, you have exactly 30 days from the date of your injury or illness to file a workers’ compensation claim for benefits. Claims filed after the 30-day limit will be denied. However, even claims filed within the 30-day time frame can be denied. Florida employers, and the insurance companies that represent them, can deny workers’ compensation claims if they believe them to be invalid.

Understanding Workers’ Comp Settlements in Florida

If you’ve been hurt on the job, you might be wondering how a workers’ comp settlement works. A settlement is basically a deal where you get a check (either all at once or in payments) in exchange for closing your workers’ comp case. Once you accept that money and sign the papers, you’re giving up your right to ask for more money later for that same injury, even if things get worse down the road.

When Should You Consider Settling?

In Florida, you should typically wait until you reach what doctors call “maximum medical improvement” or MMI. This means that your injury or condition has stabilized and you’re as healed as you’re going to get. This is important because you need to know the full picture of your injury before agreeing to any settlement. 

What Should the Settlement Cover?

A fair settlement needs to account for several things. First, all your future medical costs –think surgeries, medications, physical therapy, anything you’ll need because of this injury. Second, lost wages and your ability to earn money in the future if you can’t do the same work anymore. Also, any benefits the insurance company already owes you but hasn’t paid yet.

Getting Help From a Workers Compensation Attorney

Here’s the truth: the insurance company has lawyers working to pay you as little as possible. You need someone in your corner who knows the system. When you have a lawyer, you typically don’t even need to go to a settlement hearing. Your attorney handles the paperwork and negotiations for you.

The bottom line? Never rush into a settlement. Once you sign, it’s done. Make sure you understand exactly what you’re getting and what you’re giving up. That’s where having an experienced workers’ comp attorney like Adam Baron makes all the difference in getting you the fair compensation you deserve.

Am I Automatically Entitled to a Settlement?

Am I Entitled to a Settlement in Florida After a Work Injury?

No, you’re not automatically entitled to a settlement just because you got hurt at work. A settlement is optional. It’s a choice you and the insurance company both have to agree on.

What You Are Entitled To

If you’re injured on the job in Florida, you’re entitled to workers’ compensation benefits from day one. This includes free medical care, payments to replace your lost wages, and compensation for permanent injuries. These benefits keep coming as long as you need them and qualify for them.

So What’s a Settlement?

Think of a settlement as an alternative. Instead of the insurance company paying your medical bills and wages over time, you negotiate a deal to close out your case. You get money upfront, but you give up your right to future benefits for that injury.

The insurance company isn’t required to offer you a settlement, and you’re not required to accept one if they do. It’s completely voluntary on both sides.

When Does a Settlement Make Sense?

Generally, a settlement might be worth considering when:

• You’ve reached maximum medical improvement and know what your future looks like
• You want to avoid the hassle of dealing with the insurance company long-term
• The settlement offer fairly covers all your future medical costs and lost earning ability
• You’re ready to move on and close this chapter

When You Should Say No

Don’t settle if the offer doesn’t cover what you’ll need down the road. Remember, once you accept a settlement and sign the papers, it’s final. You can’t reopen your case later, even if your condition gets worse.

As an injured worker in Florida, you have the right to workers’ comp benefits. A settlement is just one way to resolve your claim, but it’s not something you’re owed or required to take. An experienced attorney can ensure any settlement offer is truly in your best interest before your sign the paperwork.

What Factors Impact the Value of My Workers’ Compensation Settlement?

What Goes Into a Settlement Offer?

When the insurance company makes you a settlement offer, they’re not just pulling a number out of thin air. Several key factors determine how much your case is worth. Understanding these can help you know if you’re getting a fair deal. Importantly, because of the complexities in determining a workers’ compensation settlement, you really need the resources and experience of an attorney.

Your Impairment Rating

This is the biggest factor. Once you reach maximum medical improvement, a doctor assigns you an impairment rating, a percentage that shows how much your injury has permanently affected you. The higher the rating, the more weeks of benefits you’re entitled to. For example, a 10% impairment gets you 20 weeks of benefits (2 weeks per percentage point), while a 21% or higher rating gets you 126+ weeks (6 weeks per percentage point). You can get an idea of your impairment rating on the Florida Department of Financial Services website. But as the website states, “The information and interactive calculators are made available to you as self-help tools for your independent use. We can not and do not guarantee their applicability or accuracy in regards to your individual circumstances.”

The Body Part That Was Injured

Some injuries are worth more than others under Florida law. The loss of an arm or a hand can be valued quite high. Smaller injuries like a the loss of a pinky finger or a toe may be much less. The location and severity of your injury directly impacts your settlement value.

Your Wages Before the Injury

Your settlement is calculated based on what you were earning before you got hurt. Higher earners typically receive larger settlements because disability benefits are based on a percentage of your pre-injury wages.

Future Medical Costs

One of the most important factors is estimating what medical care you’ll need for the rest of your life – surgeries, medications, physical therapy, doctor visits. If your injury means years of ongoing treatment, that increases your settlement value significantly.

Lost Earning Ability

If your injury means you can’t do your old job or have to take lower-paying work, that affects your settlement. The insurance company has to account for the income you’ll lose over your working life.

Unpaid Benefits

Any benefits the insurance company owes you but hasn’t paid yet – plus any penalties for late payments – get added to the settlement calculation. Settlement values vary wildly depending on your specific situation. That’s why having an experienced work compensation attorney evaluate your case is crucial. They know how to accurately calculate what your case is truly worth.

Explore Your Options with a Florida Work Accident Settlement Attorney