If you are hurt in a work-related accident and cannot work, you can receive temporary disability benefits. If it becomes evident that your work-related injury will cause you permanent loss of function, you are eligible for permanent disability benefits. Disputes about the extent of your disability may arise, and a knowledgeable workers’ comp attorney could help ensure you obtain a fair result.
Our experienced attorneys at The Florida Firm represent injured workers in Orlando permanent disability workers’ compensation claims. We could advocate for you at every stage of the process and ensure your disability payment accurately reflects the severity of your impairment.
The Impairment Rating Process
The issue of permanent disability arises when your workers’ compensation physician says that you have reached maximum medical improvement (MMI). This indicates that, in the doctor’s opinion, further medical treatment will not lead to improvement, and any loss of function you are currently experiencing is likely to be permanent.
After your treating provider says you have reached MMI, a medical professional—often not your treating provider—will examine you and provide a disability rating, formally called a permanent impairment rating. The medical professional will determine your functional loss from the injury and report it as a percentage. The higher your permanent impairment rating, the more likely you are to be declared permanently and totally disabled.
The amount and duration of your disability payments depend on your permanent impairment rating. If you or your employer disagrees with the findings of the examining medical professional, you may have an independent medical examination (IME). Our Orlando workers’ compensation claim attorneys could review the results of your initial permanent disability rating evaluation and help you decide whether to request an IME.
Payments for Permanent Disability
There are two types of compensation you can receive for a permanent disability. If you have permanent damage from your injury but can continue to work, you are eligible for permanent impairment benefits (PIB). If you are no longer able to work, you can receive permanent total disability (PTD) payments.
PIB
Your PIB is based on your temporary disability payments. You receive two-thirds of the amount you had been receiving before the MMI declaration. If you return to work while receiving PIB, the amount you receive will be cut in half.
The duration of your benefits depends on your disability rating. You receive several weeks of benefits for each percentage point of your disability rating. Payment duration ranges from two weeks for a one percent rating to six weeks for each degree of impairment if your rating is 21 percent or more.
PTD
Your PTD payments are based on your pre-injury weekly average wage. Similar to temporary disability payments, you will receive two-thirds of your average weekly wage. You can receive these payments until you turn 75, but they will cease if you begin to work.
According to Florida Statutes § 440.15, you will be presumed to have a PTD if you sustain a qualifying injury—such as a spinal cord injury—that results in paralysis, traumatic brain injury, or severe burns, among other injuries. However, any injury that renders you unable to work entitles you to receive these payments. Our workplace injury claims lawyers in Orlando could advocate for you to receive PTD payments even if you do not have one of the specific injuries that the statute lists.
What Are the Payment Options for Permanent Disability?
You may have the option to take your permanent disability payments in a lump sum. Many people prefer this option over receiving relatively small weekly payments.
However, if you accept a lump sum, you forfeit the right to free medical care related to your injury or condition. If your condition worsens or requires ongoing care, taking a lump sum could be disadvantageous.
If you choose a lump sum permanent disability payment, our Orlando attorneys could work with your employer’s workers’ compensation insurer to reach the amount you deserve. You and the insurer will sign a formal settlement agreement, which a Court of Compensation Claims judge must approve.
Contact Our Workers’ Compensation Attorneys in Orlando About Your Permanent Disability Claim
While learning that a work injury will leave you permanently disabled is difficult to cope with, permanent disability payments can, at least, help you transition away from your former job. However, you may disagree with the workers’ compensation insurer about the extent of your impairment. Our lawyers at The Florida Firm have decades of experience handling Orlando permanent disability workers’ compensation claims, which is why other attorneys refer clients to us. We could help ensure you receive the benefits you have earned. Call our team at Colling Gilbert Wright today to discuss how we could help you.