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Catastrophic injuries on the job are a risk for any employee, but particularly for workers in Florida’s robust construction industry or those who operate heavy machinery, drive for a living, are roofers, or first responders. Fortunately, Florida mandates that employers must provide medical and wage replacement benefits to employees who are injured or who become ill because of their jobs.
The state also treats catastrophic injuries on the job a little differently than typical injuries that predict the employee will return to work after they have healed. Sometimes, when injuries are severe enough, workers are permanently disabled. To understand how your accident affects your workers’ compensation benefits, consult a Riverview workplace catastrophic injury lawyer from the Law Firm of Kevin A. Moore.
After an accident, your physician will assign you a disability score and assess whether you are temporarily or permanently disabled and to what degree. Historically, a permanent total disability (PTD) rating was issued only for a handful of conditions the state deemed catastrophic and benefits were pretty much automatic. Currently, the conditions still hold to qualify for PTD.
Catastrophic injuries include:
Talk to Riverview workplace catastrophic injury attorney Kevin Moore about whether your injuries qualify as catastrophic and what benefits you may be eligible to receive.
Currently, permanent total disability benefits include ongoing medical care and 66.67 percent of your average weekly wage prior to the accident. If you are eligible to collect Social Security benefits, your PTD benefits will continue until you turn 75. If you were catastrophically injured before you amassed enough credits to collect Social Security, your PTD benefits are payable until your death. You can collect benefits for five years if your accident occurred when you were 70 or older.
Under Florida Statutes §440.15(1), the list of catastrophic injuries remains intact but, your employer or the workers’ compensation claims administrator can question whether you can perform sedentary work. If your employer or the insurer suspects you can work a sedentary job, a qualified doctor will assess whether you can lift 10 pounds, sit, stand, carry, push and pull, and walk around a room. These assessments are not haphazard but are based on the U.S. Department of Labor’s Dictionary of Occupational Titles (DOT). The DOT has evaluated how much strength and agility employees performing more than 20,000 jobs need to be successful. If they believe your physical condition allows for you to work a sedentary job, you must continue to do so. Riverview workplace catastrophic injury attorney Kevin Moore can help you understand more about this evaluation and help you protect your right to workers’ compensation.
Workplace catastrophic injuries can change your life forever. You will have a lot to become accustomed to, and worrying about how to earn a living while you try to heal and adjust to a new way of life should not be a factor. You are entitled to benefits from your employer’s workers’ compensation insurance, and we intend to get them for you.
You automatically qualify to apply for permanent total disability benefits that could compensate you for life. But you could be subject to scrutiny about whether you can work a sedentary job. A Riverview workplace catastrophic injury lawyer can explain the complicated metrics your physician will use as we shepherd your claim through the process. Reach out to the Law Firm of Kevin A. Moore today for trusted guidance from a team you can count on.
