- Workers' Compensation
Most people understand that workers’ compensation is a short-term solution. Most of the clients our Spring Hill workers comp attorneys represent are back to work within a few weeks or months. However, there are situations where an individual’s injuries are so bad that they can never work again.
Here, we’ll explain what benefits may be available to you in this scenario. If you still have questions after reading this article, feel free to contact us directly. One of our Spring Hill work injury lawyers can review your case and answer any questions you may have.
Most Workers Are Back to Work Within a Few Weeks or Months
For the most part, people who go out on workers compensation are back to work rather quickly. For example, if you sprain your wrist while working on a piece of machinery, it shouldn’t take long for you to recover.
The same thing is true if you happen to cut your finger or hand. You may not be able to work right away, but it shouldn’t take more than a week or two to heal.
Unfortunately, our Spring Hill workers comp attorneys also meet with clients who are not able to return to their jobs. Some can’t work at all after their workplace injury.
It All Depends on the Nature and Extent of Your Workplace Injuries
Obviously, the length of time you’re out of work will depend on the nature and extent of your injuries. Workers who need surgery tend to miss a few months from work. If you happen to need extended physical therapy, you may miss up to six months from work.
At some point, your workers’ compensation doctor will determine that you’ve achieved something called maximum medical improvement. This means that you will not benefit from any further treatment.
Once this determination is made, your Spring Hill work injury lawyer will have a few decisions to make.
Your Spring Hill Work Injury Lawyer Knows You Only Receive Temporary Disability Benefits for 104 Weeks
In Florida, employees who go out on workers compensation are only entitled to 104 weeks of temporary disability benefits. These are the benefits you receive prior to reaching maximum medical improvement.
104 weeks, or two years, may seem like a long time to be out on workers compensation. However, as our Spring Hill workers comp attorneys can attest to, people who suffer permanent injuries usually need treatment for a lot longer than that.
This is why so many of our clients get scared as they approach this two-year mark. Workers who suffer a permanent disability must plan for what they’ll do after their benefits run out.
The good news is that, if you do suffer a permanent disability, your Spring Hill work injury lawyer can demand additional support.
What If You Suffer a Permanent Disability?
The good news is that, if you do suffer a permanent disability, your Spring Hill work injury lawyer can demand additional support.
If your workplace injuries become permanent, you will likely be deemed disabled. This isn’t the same thing as being disabled for government benefit purposes. This simply means that you are no longer able to operate the injured body part at 100%.
Imagine that you drive a truck for a living. You hurt your back in an accident. Your workers’ compensation doctor determines that your back is permanently damaged. They estimate your disability rating to be 75%.
Your Spring Hill workers comp attorney will then demand that you be paid according to the Florida Uniform Permanent Impairment Rating Schedule. This is the document that outlines how much each body part is worth.
Your Spring Hill Injury Lawyer Will Also Demand That Your Medical Care Will Continue to Be Covered by Insurance
One of the most important things is that your medical bills will be covered, even after the first 104 weeks have passed. If your doctor determines that you are, in fact, permanently disabled, your Spring Hill work injury lawyer will ensure your medical care continues.
According to Florida workers compensation law, if you’re receiving long-term benefits for a disability, you are entitled to medical care as well. However, you must see your workers’ compensation doctor at least once a year to confirm that your disability still exists.
If You’re Left Permanently Disabled, You May Be Entitled to Long-Term Medical Treatment
If the insurance company refuses to cover your medical treatment, let your Spring Hill workers comp attorney know right away. They’ll reach out to the insurance company and find out what the issue is.
In most cases, your Spring Hill work injury lawyer will settle your case. This means you won’t have to sit back and wait for your benefits for years on end. However, until this happens, it’s important that you follow up with your annual doctor evaluations.
You Should Also Be Eligible for Long-Term Weekly Benefits
Earlier, we referenced the fact that workers who are left permanently disabled may be entitled to long-term weekly benefits. The Florida Uniform Permanent Impairment Ratings Schedule will dictate how many weeks of benefits you’ll be entitled to.
For example, a back injury may be worth 200 weeks’ worth of benefits. If your back is 50% disabled, then you’ll be entitled to 50% of the scheduled amount. In this case, it would be 50% of 200 weeks or 100 weeks.
Your average weekly wage will follow you throughout the life of your claim. In the example used here, if your average weekly wage was $500, your claim would be worth $500 multiplied by 100 weeks, or $50,000.
This is the amount your Spring Hill workers comp attorney will start at during settlement negotiations.
Rather Than Collect Benefits for Years, Your Spring Hill Workers Comp Attorney Will Try to Negotiate a Settlement
As indicated above, most Spring Hill work injury lawyers settle their clients’ claims. Rather than have you sit back for one hundred weeks, waiting to receive your weekly benefits, your attorney will try to negotiate a settlement.
In the example provided here, we said your total claim would be worth $50,000. On top of this, you would have been entitled to medical care until the end of your claim. Let’s say that it will cost approximately $10,000 for that care. We are now at a total claim value of $60,000.
Your Spring Hill workers comp attorney will first demand the full $60,000. However, they will more than likely need to compromise. Your settlement will probably be somewhere between $40,000 to $45,000.
Reach Out to Us Today for a Free Consultation!
Most people who get hurt on the job only miss a short time from work. However, there are times when your injuries are so severe that you aren’t able to work ever again. If this is the case, you may be entitled to long-term workers’ compensation benefits.
The best way to know for sure is to contact our workers comp lawyers in Spring Hill, Florida today and schedule your free, initial consultation.
Make sure you have a copy of any documentation and correspondence you’ve received from your employer and the insurance company.