Florida workers who suffer on-the-job injuries and are either collecting workers’ comp payments or appealing a claim denial can often settle their case for a single lump-sum payment. Injured employees have a better chance of a favorable outcome with the assistance of an experienced Florida workers’ comp lawyer who has experience negotiating fair settlements with insurance companies.
Berlin Law Firm has helped injured Florida employees receive the full amount of workers comp benefits they deserve.
This guide summarizes the Florida workers’ comp settlement process and how an attorney can help at every step along the way.
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How Much Will I Get in a Workers’ Comp Settlement in Florida?
Some of the key factors that contribute to how workers’ comp settlements are figured in Florida include:
- The severity of your injuries: If you suffered a serious on-the-job injury, your medical needs may extend far into the future. If future surgeries, expensive medication, ongoing physical therapy, and other treatments are expected, your workers’ comp settlement should address these expenses.
- The level of disability: Severe injuries can leave a person permanently disabled and prevent them from ever earning a paycheck again. Whether you are partially or fully disabled, your workers’ comp settlement should reflect your diminished earning capacity.
- Tax considerations: Most benefits are not taxable in Florida at the federal or state level. However, if you are receiving Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) and workers’ comp benefits, you may owe taxes. Florida’s workers’ compensation law states that the SSA will reduce your check if the combined amount of WC and SSDI/SSI benefits exceed 80% of your average weekly wage before the injury.
- Unpaid benefits and penalties: If the insurance company unfairly delayed or denied your benefits, they may owe you unpaid benefits. If a court deems it appropriate, the insurance company may also be required to pay penalties for delayed or denied payments. These factors can increase the total value of your workers’ comp settlement.
- Whether you can return to work: If not, how much did you earn before the injury, and whether there is conflicting evidence in your case,
Disputes Over Workers’ Comp Calculations
It’s essential to enlist the services of an attorney who knows how to compile facts and evidence that strengthen your claim—and negotiate for the largest possible settlement. For example, the insurance company may argue that you suffer from pre-existing injuries not covered under the Florida workers’ compensation system. Our team knows all of these tactics and will not let their methods work to deny you the compensation you are entitled to and deserve.
A workers’ comp settlement is your one chance to obtain compensation for lost wages and medical treatment or a permanent disability. Trust your case to an attorney who knows how to calculate workers’ comp settlements and won’t back down until a fair settlement offer is reached.
Does a Florida workers’ comp settlement fully and finally terminate a claim?
Typically, when a workers’ comp settlement is reached, it bars any attempt to reopen the case or to seek additional payments for the same injury or illness.
For this reason, it’s imperative to negotiate a settlement that addresses the full costs of your injuries, both now and in the future. Otherwise, you risk leaving significant sums on the table.
Insurers know that in the immediate aftermath of an injury, many workers are desperate for money to cover not only medical bills but basic living expenses. They’ll try to take advantage of this by getting you to accept a lowball settlement offer.
Our attorneys can negotiate on your behalf, so that you can focus 100% on your health and recovery. We’re familiar with all the insurance companies’ negotiating tactics and will not settle for anything less than what you rightfully deserve.
Are workers’ comp settlement funds paid in a single lump sum?
Typically, workers comp settlements in Florida are distributed as a single payment.
If the settlement reflects payments for an injury that leaves the worker permanently disabled and unable to work, the settlement might be structured as a series of payments over time.
A Florida workers’ compensation lawyer can help you determine whether to seek a lump-sum amount or a series of payments in a structured settlement.
Is there an optimum point in the claims process to settle a Florida workers’ claim?
Workers’ compensation claims can be settled at any time if the worker has retained an attorney.
If the worker has not retained legal representation, Florida law allows the worker and the insurer to settle the claim only if:
- The insurer has denied the worker’s claim and a judge concludes that the facts of the case reflect a legitimate dispute over the worker’s right to recover benefits, or
- A medical practitioner has determined that the injured worker has recovered from injuries to the point of maximum medical improvement (MMI) and that the worker is not likely to experience any further recovery.
Do insurance companies use formulas to set workers’ comp settlement amounts?
Florida workers’ comp insurance companies might compare a settlement offer to amounts paid out in similar cases, but they do not use specific formulas to calculate the amount or to evaluate an injured worker’s counteroffer.
If the worker has legal representation, his or her lawyer will verify that the insurer is considering all aspects of the worker’s injury-related losses in calculating the offer, including:
- The extent of the employee’s injuries and their effect on his or her ability to continue working
- Any requirements for continuing medical treatments or physical and occupational therapy
- Payments that have not been made and that are still owed to the injured worker
- Compensation for permanent disabilities, scarring, or disfigurement.
Call Berlin Law Firm for assistance with settling a Florida workers’ comp claim
The attorneys at the Berlin Law Firm are dedicated to helping injured workers settle Florida workers’ comp claims on the most favorable terms and for the largest available payouts.
Insurance companies are motivated by profit and have every incentive to underestimate your claim. You need legal representatives fighting on your side who can calculate the true value of your claim and hold insurers accountable.
The workers comp system in Florida is complex. There are many stages to the process, and many claims are initially denied. Our team of attorneys can represent your best interests in each stage of your claim, from appealing a denial to negotiating a lump-sum settlement.
If you have suffered an on-the-job injury at your Florida workplace, please call our offices in Sarasota or Tampa at any time to discuss your right to receive workers comp benefits. Reach out today for a free consultation.
Discuss Your Work Injury Claim for Free
Learn the types of compensation you may be eligible for and have your questions answered. Call today.
