Legal Question in Workers Comp in Florida

settlement with workers' compenstion

How does an impairment rating of 17% with more surgeries to come help or hurt your case?


Asked on 2/01/07, 1:56 pm

2 Answers from Attorneys

Mark Zientz Law Offices of Mark L. Zientz, P.A.

Re: settlement with workers' compenstion

It is important to know the date of accident. I will assume for this question that your accident happened after October 1, 2003. That being the case, the 17% impairment is worth 2 weeks of benefits for impairments up to 10% and 3 weeks of benefits for 11-15%, and 4 weeks of benefits for up to 20%. 17% equals 43 weeks of benefits paid at 75% of your compensation rate used for temporary total. The benefits can be reduced by 50% if you earn money equal to or more than your average weekly wage. Confused? Me too.

As for the need for future surgery, when and if you have it, you are not entitled to any more money, only the medical care. Sound bad? Talk to yur legislature.

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Answered on 2/01/07, 2:27 pm
Cameron Brumbelow Brumbelow Drechsel Law Group, P.A.

Re: settlement with workers' compenstion

Just to supplement Mark's answer the impairment rating doesn't really help or hurt the case. Impairment does not equal disability. Mark could have an accident with a 50% impairment rating and still be able to do his job as an attorney, therefore he is not disabled. However, someone with the same injury in the construction industry might be totally disabled. The important part is you still get medical care at the carriers expense for life for the related injuries as long as you see the authorized comp doctor with no gaps in treatment more than 12 months. Being assigned an impairment rating also means the end of temporary lost wage checks, so be ready for the pay cut if they don't pick you up as totally disabled. It also signifies the point where the doctor usually determines your permanent restrictions so you will know if you can still do your job or not.

There are plenty of good comp attorneys over in Tallahassee that could help you. You should contact one for help. In comp the fees are capped, so you won't have to worry about giving some attorney a third of your settlement. Good luck.

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Answered on 2/01/07, 5:45 pm


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