Can You Collect Permanent Disability After a Workplace Accident?

Most of the time, when we help a client with their workers’ compensation claim, they are back to work within a few weeks or months. Thankfully, most workplace accidents are not very serious, and the worker only suffers minor injuries. They may need minor surgery, or they may need a broken bone reset. After a few weeks of physical therapy, they’re as good as new. The same can’t be said for all workers’ compensation cases. When our Miami workers comp lawyer first meets with a client, they need to get a feel for what happened. When they learn that the client has suffered very serious injuries, their first concern is whether they will ever be able to work again. Of course, this is a concern of our clients as well. In situations like this, it is not only a matter of getting our client their workers’ comp benefits. It turns into the question of whether they will be entitled to long-term, permanent benefits.

Here, we will discuss what kind of injuries are considered serious enough to put a worker out of commission for good. We will also discuss the way the workers’ compensation payment schedule works. Finally, we will explain how our workers compensation attorneys in Miami negotiate settlements on behalf of our clients. If you’ve recently suffered a workplace accident, it’s a good idea to contact our office and schedule your free, initial consultation. Take some time to sit down with an attorney who’s handled cases like yours before. Not only will we let you know if you have a chance of collecting benefits, but we can also give you an idea of what your case may be worth. Since the consultation is free, you really have nothing to lose.

Most Workplace Injuries Are Minor

If you’ve ever been injured on the job, then you probably already know that most workplace accidents are minor. Perhaps you slipped and fell and hurt your ankle or wrist. Maybe you work at a casino dealing cards and you’re suffering from carpal tunnel syndrome. You could have even picked up a very heavy crate or barrel and injured your back. In most cases, the workers that our Miami workers comp lawyers meet with are not in terrible shape and can return to work after just a couple of months.

There are other times when we meet with clients whose injuries were very serious. Some might say that these injuries are life threatening. Many of these workers are never able to go back to their previous jobs. Others can go back but they’re not able to do the same work they did before. Our goal is to make sure that they get every penny they deserve. If their injuries were due to a workplace accident, they deserve to be taken care of by their employer.

Our Miami Workers Comp Lawyers Have Also Seen Cases Where a Worker’s Injuries are Life Threatening

Some of the most serious injuries caused by a workplace accident that we see have to do with a person’s neck, spinal cord, or brain. A lot of our clients who suffer these types of injuries work in fields like construction or the oil and gas industry. Construction workers, for example, work in very dangerous environments and with very heavy equipment. If materials fall off a piece of scaffolding, they could hit a worker in the head and cause a traumatic brain injury. A construction worker could fall off of scaffolding and suffer a broken neck, a severed spinal cord, or a serious back injury.

People who suffer these types of injuries are usually out of work for at least six months to a year. Sadly, many of them never recover enough to go back to work full time. If the law held that these employees were only entitled to two years’ worth of workers’ comp benefits, there would be a serious problem. While you have the option of filing for disability, you can’t do this until you’ve been out of work for at least one year. What our Miami workers comp lawyers do is try to settle your claim and get you a lump sum of money so you can live moderately comfortable for the rest of your days. If this is not possible, we will at least push to get you enough so that you don’t have to work full-time at a taxing job given your precarious medical condition.

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Every Body Part is Assigned a Different Value Under Workers Compensation

The way the workers compensation system works in Florida is that every body part is assigned a different value. The more important the body part, the more money it’s worth. If your workers’ compensation attorney in Miami is able to prove that you suffered a permanent disability as a result of your workplace accident, they will demand that you receive compensation for these injuries. They will have to consult the Florida workers compensation schedule to see how much your particular injury is worth.

In a typical case, a worker who was injured on the job gets the medical treatment they need and then returns to work. In cases like this where you’re unable to return to work, your Miami workers comp lawyer will have to first prove that you suffered a permanent disability as a result of your workplace accident. Then they will need to demonstrate how much that disability is worth based on the body parts that you’ve injured. They will consult the schedule and determine the amount of benefits per week that this body part is worth. They will then argue to get the maximum number of weeks credited to you so that you can settle for a decent amount.

There’s a Good Chance Your Miami Workers Comp Lawyer Will Settle Your Claim

As mentioned above, your workers’ compensation attorney in Miami is going to do whatever they can to try to settle your claim. Nobody wants to sit back and be dependent on receiving workers comp benefits the rest of their life. Our clients would much rather get their lump sum and move on with their life. But some workplace accidents are so severe, that you are left with injuries which require seeking permanent disability benefits.

However, your employer and their insurance carrier will not be keen on this. They would much rather terminate your benefits and say that you’re ready to return to work. Or they will argue that you’re not permanently disabled and that you’re not entitled to a dime. This is why we say it’s important that you meet with an experienced Miami workers comp lawyer as soon as possible after your workplace accident. Since we offer all new clients a free consultation, it will cost you nothing to get the process started.