Understanding How Much You Can Receive from a Florida Worker’s Comp Claim
Many Florida workers are frustrated to learn that there is no average settlement amount for a workers compensation claim in Florida. Workers Compensation claims are not like car accident claims, or slip and fall claims, where you can generally estimate a settlement amount based upon the degree of negligence or liability on the at-fault party, and the type of injury the person has suffered. Car accident and slip and fall accidents, also known as liability claims, can be taken to trial where a jury can award money if a plaintiff is successful. You don’t have this option in workers comp so it is more difficult to determine how each insurance company will value your case.
The reason it is difficult to give an “average workers comp settlement in Florida” is that each case is different. The injured worker treats with different doctors, for different types of injuries, with varied results. One person may have shoulder surgery and be ready to go back to their old job without any physical restrictions within a few weeks. Another person may have a poor result from their shoulder surgery, need additional surgery, and never be able to return to work. As such, the best way a person can receive an estimate for how much compensation they can receive is by contacting a worker’s compensation attorney for a case evaluation.
What to Understand About Settlement Calculations
The most important thing to remember about a workers comp settlement in Florida is that it is voluntary. Neither you nor the insurance company is required to settle the claim. The reason most insurance companies will discuss a settlement is that they like to close files, and limit their future exposure to paying your medical bills and wage benefits. For example, if your doctor is saying you need ongoing medical care such as surgery, or maybe just more physical therapy, these things cost the insurance company money. They have to pay the doctors, pay for supplies, pay your mileage expense, and maybe pay your wage benefits while the doctor has you out of work. Additionally, they have to pay their adjustor and nurse case manager to monitor your case, they may have an attorney defending them against your claim, and they may have to contend with your attorney. These things all add up and provide incentive to the insurance company to offer you a lump sum of money to close your file.
Keep in mind that you do not get “pain and suffering” damages in workers comp, and you do not get lost wages in workers comp. Those are damages you recover in a liability claim. Your workman’s compensation lawyer will evaluate the settlement value of a workers comp claim by trying to determine what type of medical care (and what dollar amount of medical care) you are going to need in the future, the dollar amount of any wage benefits (also known as Temporary Total Disability – TTD; Temporary Partial Disability – TPD; or Permanent Total Disability – PTD) you may be entitled to in the future, and any other benefits which you might need in the future and that the insurance company is required to provide, such as vocational retraining.
Before You Get Frustrated, Schedule a Free Meeting at the Maus Law Firm
Joe Maus, founder of the Maus Law Firm, has won millions of dollars for workers compensation clients throughout Florida. Let us help you pursue compensation. Give us a call today.