Temporary and Total Disability Benefits
Suffering an injury on the job is a stressful and painful situation. Most victims are concerned with ensuring that they receive the medical attention that they need to recover from their injuries and worrying about whether they will be able to keep their family financially afloat. The Florida workers’ compensation system is a process designed to provide injured employees with compensation for any medical expenses that they incur because of a work-related injury while also providing weekly benefit payments to take the place of the employee’s wages. In some cases, a disability incapacitates a worker completely, but it resolves with time. This makes an award of temporary and total disability benefits appropriate. At Donaldson & Weston, our Stuart workers’ compensation attorneys are here to assist you with ensuring that you receive the full amount of compensation that you deserve.Temporary and Total Disability Benefits
The first step in establishing your right to compensation involves alerting your employer to your injury. If an accident occurs suddenly, you may require prompt medical attention. Other injuries develop slowly over time from performing repetitive tasks, such as lifting objects or working on an assembly line. As soon as you suspect that you have sustained an injury related to your job, it is a good idea to inform your employer. Next, the employer will initiate a claim with its workers’ compensation carrier. The insurer will assign a claims adjuster to your file, and a medical professional will be selected to perform an examination.
The medical exam is a critical aspect of your ability to obtain benefits. During the exam, the doctor will ask questions regarding your medical history, your injury, and whether you have any pre-existing conditions that were aggravated by the work-related injury. Based on this information, the physician will then determine whether your injury is temporary or permanent and whether it is total or partial. These two factors will be used to calculate the amount of weekly benefit payments that you are entitled to receive to address your lost wages. Florida law provides a specific formula and schedule of payments allotted for injuries, ranging from temporary and partial injuries to severe instances involving permanent and total disabilities. Our attorneys can explain to you how this system works.
If your injury is classified as a temporary and total disability, it means that you are completely disabled but that your condition is expected to improve enough to allow you to return to your regular occupation at some point. In this instance, the physician will generally place the employee on “no work” status while they are recuperating. For this classification, Florida workers’ compensation laws entitle you to receive two-thirds of your average weekly wage. In some instances in which the injury is severe, you may receive a higher percentage of your average weekly wage. The payments will continue until the doctor determines that the employee has reached maximum medical improvement, which means that they have recovered as fully as possible and that no additional medical treatment will improve their condition. If after 104 days of receiving temporary and total disability benefit payments, the worker’s condition has not improved, the employee may be reclassified as having sustained a permanent disability.Contact a Knowledgeable Stuart Attorney to Determine Your Options
Among all of the obstacles faced by a victim and their family after a workplace accident, navigating the workers’ compensation system should not be one of them. At Donaldson & Weston, we take pride in guiding injured workers through the process and assisting them with ensuring that they receive the full amount of compensation to which they are entitled. Our attorneys assist victims throughout Martin and St. Lucie Counties, including in Stuart, Port St. Lucie, and Jupiter. Call us now at 772-266-5555 or contact us online to get started.