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How Much Will I Get for a Workers Comp Settlement?

How Much Will I Get for a Workers Comp Settlement
How Much Will I Get for a Workers Comp Settlement

Have you been injured at work in Florida? If you have, there’s a solution and help is available!

As an injured employee in Florida, you can file for a Florida workers’ comp settlement. The settlement amount will pay for your injuries, the days (or months) you missed at work, and much more. Hire the best workers’ comp lawyer in the Sunshine State, and your chances of being compensated will go up.

Now that we know you’re entitled to compensation, you might be wondering how much you can get. The answer depends on certain factors, like the extent of your injury and how much it affects your life. In Florida, the courts will also look into whether or not you had a hand to play in your work-related injury.

Continue reading to find out more about the amounts you can expect and how to get a step closer to receiving them.

What Goes Into Determining Your Florida Workers’ Comp Settlement Amount?

As mentioned earlier, there are several factors to consider when calculating the amount you can get for your work-related injuries. Let’s talk about them in greater detail.

The Connection Between the Injury and Your Work

Of course, to be eligible for a Florida workers’ comp settlement, your injury needs to be work-related. Hence, you — with the help of your lawyer — need to prove that it was a task or condition at work that led to your injury.

Right off the bat, you’ll have to prove that you were at your place of work performing tasks you were contractually obligated to perform. You also need to show that you were working within your regular shift leading up to the injury.

Without proving all of the above, you won’t be eligible for a work-related injury settlement.

How Bad Your Injuries Are and the Impairment They’ve Caused

Your injuries and the resulting impairment will determine the calculation for your compensation. You’ll have to undergo an independent medical examination. An independent medical examination is conducted by a physician your employer’s insurer authorizes. The independent medical examination (440.13(h) reveals the severity of your injuries and the extent to which it impairs your abilities.

In Florida, the findings of the independent medical examination will also determine the type of workers’ comp benefits you can receive. Later on, we’ll talk about the different types of workers’ comp benefits in Florida.

Your Regular Wages

Florida workers’ comp benefits like temporary disability benefits are calculated based on your weekly wages. For example, if you were making $1,000 weekly at the time of your injury, your wage-loss benefits cannot be more than that amount.

The Division of Worker Compensation has this nifty compensation calculator. All you need to do is plug in your weekly wages and see how much you can stand to get as compensation.

Be aware that the resulting amount is more of a ballpark figure. While the calculator gives you a projection, it’s not a guarantee that you’ll get the exact calculated amount. You’ll still need the help of a Florida workers’ compensation lawyer to get the best possible outcome!

What Are the Different Types of Workers’ Comp Benefits?

In Florida, there are four types of workers’ comp benefits. Which one you’re entitled to will largely depend on the results of your independent medical examination and your weekly wages.

The four types of workers’ comp benefits in Florida are:

  • Temporary partial disability benefits (TPD)
  • Temporary total disability benefits (TTD)
  • Permanent impairment benefits (IB)
  • Permanent total disability benefits (PTD)

Temporary Partial Disability Benefits (TPD): 80% of 80% of the Difference Between Your Post and Pre-injury Weekly Wages

You’ll be eligible for this workers’ comp benefit if you sustain an injury but can still report to work. Because of your injuries, you’ll likely be assigned a different position or designation at work.

On TPD benefits, you’ll receive 80% of 80% of the difference between your post and pre-injury wages. You’ll receive this amount on top of the regular wage you’re being paid in your new albeit lower-paying designation.

It might help to illustrate this with an example.

Imagine that you were making $1,000 before you got injured at work. Now, your boss allows you to return but at a designation that pays $900 — $100 less than what you used to make.

On TPD benefits, you’ll receive 80% or 80% of $100 ($1,000 – $900 = $100). This would amount to $64.

So every week, you’ll be earning your weekly wage of $900 plus your TPD benefit of $64. In total, you’ll be earning $964 weekly.

Temporary Total Disability Benefits (TTD): 66.67% of Your Weekly Wages

But what if your injuries are so severe that they prevent you from going to work altogether? If this is the case, you’ll then be entitled to TTD benefits.

When you’re receiving TTD benefits, you’ll get 66.67% of your weekly wages while you’re away from work. For instance, let’s take the same example of you making $1,000 weekly before your injury. While you’re recovering from your debilitating (but temporary) work-related injuries, you’ll receive about $666.70 weekly.

You’ll continue to receive this benefit until one of two things happen. The benefit stops either when your physician says that you’ve recovered or recovered as far as treatment can allow. Or you’ve reached the 104-week benefit cap stated in 440.14 of Florida’s workers’ comp statutes.

Permanent Impairment Benefits (IB): 75% of Your Temporary Total Disability Benefits

Sometimes, treatment doesn’t lead to full recovery. When this happens, your physician will determine that you’ve reached something called MMI or maximum medical improvement. Past MMI, any remaining injury will be deemed a permanent impairment. Any permanent impairment makes you eligible for impairment benefits.

Impairment benefits amount to 75% of an employee’s TTD benefits (440.15 (3)(c)). In other words, whatever your TTD benefits were, you’ll get 75% of that.

Permanent Total Disability Benefits (PTD): 66.67% of Your Weekly Wages Until the Age of 75

Permanent total disability is a benefit reserved for severe injuries that lead to permanent cognitive, sensory, and psychological impairment. Examples of these injuries are spinal cord injuries, hearing loss, and neurological conditions.

Permanent total disability benefits are given until an employee reaches 75 years of age. As well, PTD benefit recipients get 66,67% of their weekly wages.

If you are on PTD benefits, you can receive your compensation either at regular intervals or as a lump sum.

Injured at Work? Call a Lawyer for Your Florida Workers Comp Settlement!

Your employer’s insurance provider won’t be playing fair. The insurance provider will either lowball you with a settlement amount that barely covers your recovery or will deny your claim altogether.

We at Sternberg Forsythe won’t let either one of those scenarios take place!

Have us provide your the best legal representation for your claim in Florida, and you’ll be a step closer to receiving the right compensation for your injuries. Call us now for a free consultation and get compensated for your work-related injuries in Florida!

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