Neck Injuries and Workers Comp Settlements

Neck injuries are serious and can lead to long-term disability. In a worst-case scenario, you can lose the ability to move your body below the neck and end up a quadriplegic.

Even if your neck injury does not disable you completely, it can still limit your mobility and affect the type of work you can do.

A Florida work injury attorney at the Berlin Law Firm will explain your rights under Florida’s workers’ compensation law as well as the benefits to which you are entitled.

What Is the Average Workers’ Comp Neck Injury Settlement?

Workers’ compensation differs from a personal injury claim. Injured workers are not permitted to sue their employer. Instead, under the workers’ compensation system, all of the injured person’s medical bills are paid, and they receive weekly checks making up a percentage of their regular paycheck while they are recuperating.

In 2022, 1,288 total neck injury cases were reported to the Florida Department of Workers’ Compensation. Medical care averaged $27,996, while average benefits were $41,941.

How Much Does Workers’ Comp Pay?

In Florida, the maximum weekly compensation rate for workers’ comp is 100 percent of the statewide average weekly wage. That means you can usually expect to receive approximately 2/3 of your weekly pre-tax income up to the maximum rate.

For 2023, the maximum rate was $1,197, but it is adjusted annually.

You may receive temporary total disability benefits (TTD) until any of the following occur:

• Your doctor clears you to return to work.
• You have reached Maximum Medical Improvement (MMI), the point at which further treatment is unlikely to improve your condition
• You reach the 104 weeks of disability benefits available for TTD.

Once your physician determines you can return to work on a limited basis, you may become eligible for Temporary Partial Disability (TPD) benefits. To receive TPD, you can no longer have the ability to earn 80 percent of your prior wages. TPD is available for up to 104 weeks.

Severely disabled workers may receive permanent TDB after reaching MMI.

Additional Benefits After a Neck Injury

After your neck injury, you may not be able to return to your current position. Your doctor may determine that you no longer have the physical ability to function in this role.

If you qualify, additional benefits provided by workers’ comp can help you find a new job. The Florida Department of Workers’ Compensation Reemployment Services conducts a vocational assessment to determine the services for which you are eligible.

After having reached MMI, you may qualify for job retraining and vocational rehabilitation. If you cannot earn at least 80 percent of your former compensation following a neck injury, you can learn new skills through a vocational rehabilitation program at no cost to you.

In addition to free tuition and materials, you may receive workers’ comp benefits for up to one year as long as you are making academic progress.

Neck Injuries at Work

Neck injuries at work may occur in physically demanding and sedentary environments. Everyone is vulnerable. While a construction worker might fall off a ladder or scaffold and injure their neck, an employee who spends their days in front of a computer can develop cumulative neck strain.

Causes

Common causes of neck injuries at work include:

• Heavy or repetitive lifting
• Slip and fall
• Trauma
• Collisions
• Falling objects

Types of Injury

Common types of neck injuries include:

• Sprains
• Fractures
• Pinched nerve
• Loss of sensation in arms or hands
• Whiplash

What to Do After a Neck Injury

Report your injury

After a neck injury at work, report the injury to your supervisor as soon as possible and seek prompt medical treatment. By law, you must report the injury within 30 days. Failure to do so can jeopardize your workers’ comp claims.

Your employer must file a report to their insurance company within seven days of your notification.

Seek Medical Care

If seriously injured, go to the nearest emergency room. If less seriously injured, or if your neck pain has been worsening over time, ask your employer or the HR department about which doctor you may see. Under worker’s compensation, you cannot use your own physician but must receive a diagnosis and treatment from a doctor approved by your employer’s insurance carrier.

Make sure to follow the doctor’s instructions to the letter. Attend every healthcare-related appointment, including any physical therapy or other form of rehabilitation.

Gather Evidence

Gather any evidence supporting your claim that your neck injury took place at work. That includes obtaining the names of any eyewitnesses to an accident or getting a copy of any employer surveillance video that might have captured the incident.

Speak With an Attorney

Contact a Berlin Law Firm workers’ compensation lawyer to help you navigate the often-complex workers’ compensation system and assist in filing your claim. If your claim is denied, we will help you file an appeal.

As noted, the workers’ compensation system does not allow you to file a personal injury lawsuit against your employer. However, if a third party was responsible for your injuries, we can refer you to a personal injury lawyer that can pursue a third-party claim.

In Florida, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident.

Contact a Workers’ Compensation Attorney

If you or a family member suffered a serious neck injury at work, you need the services of an experienced Florida Work Injury Lawyer at the Berlin Law Firm. Schedule a free, no-obligation consultation today. We have offices in Sarasota and Tampa.