After being injured on the job, you may be unable to work for some time. Workers’ compensation insurance provides you with the means to pay your bills and support your family while you recover, and may also offer long-term benefits if your injury is permanent. Unfortunately, receiving these benefits is not always as quick and easy as it should be because employers or their insurers may deny your claim, causing unnecessary delays.
In these situations, you may be able to settle your claim and collect your benefits, but it is important to consider all your options with the help of a seasoned workers’ comp attorney from The Florida Firm. Our dedicated team has a proven record of success with workers’ compensation settlements in Orlando and could provide you with guidance and advice.
When Can You Settle Your Workers’ Compensation Claim?
After you have been injured at work and received medical attention, you should notify your employer about the incident, and they should file your claim with their insurance provider. The insurance company should then approve the claim, and you should receive your benefits. A settlement could be an option if the insurance company denies your claim or disputes the amount you are entitled to receive.
In general, you may settle your claim at any time if you are represented by an attorney. If not, Florida Statutes (§) 440.20(11)(a) and (b) allow you to settle with the insurer in two situations. First, if the insurer has denied your claim within 120 days of you notifying your employer, and second, if you have reached maximum medical improvement (MMI) status.
After a workplace incident, your continued ability to work should be evaluated to determine your eligibility for wage replacement benefits. Your injury may be temporary, and with time and treatment, you can return to full health. However, this is not always the case, and the MMI is the point where your condition is considered stable, but no further improvement is expected. You may have the option to settle your claim if you have reached your MMI but are still unable to work at your former capabilities.
In either scenario, you are entering into a legal agreement with the insurance company, which is why you should consult with an Orlando attorney familiar with workers’ injury claims. Our legal team could provide advice to help you understand your options.
Know the Implications of Settling Your Claim
There is no set formula to calculate how much you may receive in a settlement. Instead, the amount is determined during negotiations with the insurance company and based on your needs and demands, such as:
- The extent and severity of your injuries
- Your medical expenses
- Any permanent or temporary disabilities
- Your potential need for future treatment
- Your wage or salary at the time of your injury
A settlement allows you to receive a lump-sum payment in exchange for releasing the insurance company from further responsibility. In other words, you give up your right to receive any more benefits that may be available.
Once you agree to this arrangement, and a judge approves, you may not change your mind. While this may offer immediate financial relief, you may not be able to reopen your claim even if your medical condition gets worse, or you need additional care. So, it is important to consider the long-term consequences of settling your workers’ damages claim by discussing it with your Orlando lawyer.
Have an Orlando Attorney Handle Your Workers’ Comp Settlement
Colling Gilbert Wright has decades of experience negotiating workers’ compensation settlements in Orlando and could help you negotiate the process. Our success stories include securing $1.2 million for a client’s lower back injury.
Many of our clients are referrals from other law firms because, with our skills and experience, they trust us to get results. Get in touch today for a free case evaluation with one of our lawyers.