How Much Is My Florida Permanent Disability Worker’s Compensation Claim Worth?
Brian O Sutter
Workers’ Compensation
When you are injured on the job it can be devastating, especially if your injuries are permanent. You may be worried about your financial future, your ability to provide for your family, and if your life can ever become normal again. Workers who are permanently injured are protected in the state of Florida with workers’ compensation. However, the laws around workers compensation are pretty complex and the claim values may be less than you think. If you are filing a claim for permanent disability, it’s important to understand how these laws will impact your financial security so you can plan for the future. Here is how Florida law applies to your claim’s value.What Benefits Are Awarded In The State Of Florida?
The state of Florida offers a variety of benefits for workplace injuries through workers’ compensation. These include:
● Medical benefits
● Mileage benefits
● Vocational rehabilitation
● Income benefits
All of these benefits are determined by the specific circumstances of your injury.
How Does Florida Define “Permanent”?
In the state of Florida, permanent injuries are generally considered injuries that will last your lifetime. This can include but is not limited to “permanent loss of an important bodily function, permanent scarring or disfigurement, and permanent injury within a reasonable degree of medical probability” (Florida Statute 627.737). The state defers to medical professionals to determine if your injuries are permanent. In the case of workers’ compensation, permanent injuries fall into two categories: Permanent total disability and permanent impairment.
How Do Benefits Work For Permanent Total Disability?
Permanent total disability is defined as a life-altering injury that restrictions and limits participation in routine activities. If your medical professional finds you have a permanent impairment you will receive weekly payments for life. These payments are determined as ⅔ of your pre-injury income capped at $886 dollars per week. The cap will only impact you if your pre-injury income was $69,000 or more annually.
How Do The Benefits Work For Permanent Impairment?
Permanent impairments can be both physical and mental, and are defined as a significant deviation or losso f a normal bodily function. If your doctor determines that you have a permanent impairment as a result of your injury, you will be assigned an impairment rating. These ratings are expressed as a percentage which is used to calculate your benefits. The benefit is 75% of your disability rate, the 2/3s of your income up to $886 a week. For example if your total disability benefits are $400 a week, your permanent impairment rate will be $300.
However, unlike total permanent disability, these duration of these benefits are limited based on your impairment rating and care calculated by the state of Florida as:
● 1-10% Impairment: Two weeks for each percentage point
● 11-15% Impairment: Three weeks for each percentage point
● 16-20% Impairment: Four weeks for each percentage point
● 21-100% Impairment: Six weeks for each percentage point.
However, if you are able to return to work and earn the same as before, your benefits will be cut in half.
Since there are limits on workers’ compensation benefits in the state of Florida, you may not receive your full income as before. This can create a financial burden if you are the primary provider for your household. So it is really important that you get the full amount of your benefits. In order to do so you need legal advice. At All Injuries Law Firm, we are experts in Florida workers’ compensation. We can help make sure that you prove the full extend of your injury, pursue all the benefits you qualify for, and get the highest value for your claim. Contact us at 1-941-625-HURT for a free case review to learn more about how we can help you.