In most cases, worker’s compensation is your best chance at recovering some damages for your injuries. Florida law requires all businesses with at least four employees and all construction businesses, regardless of the number of employees, to carry workers’ compensation insurance. If you’ve suffered a catastrophic injury on the job, you are entitled to file for permanent total disability (PTD) benefits.
Unfortunately, the employer’s insurance company may give you a hard time approving your claim. We’ve met many people who were denied or asked to take multiple steps to submit further documentation. Having an experienced worker’s compensation attorney on your side can make this process easier and improve your chances of success.
If approved for PTD, you’ll receive two-thirds of your current weekly salary for as long as your disability persists until age 75. The good news is that this provides a way for you to have a regular income, even if you cannot work. The bad news is that, depending on how much your salary was to begin with, you may not be able to live on that income. Some people are understandably concerned because they barely got by on their full salary before being hurt. Living on two-thirds of their usual income indefinitely may not be feasible.
If your PTD benefits are insufficient, your attorney will look for other ways to secure additional compensation. In some circumstances, you may be able to sue a third party, like a manufacturer of a defective piece of farm equipment that caused your injury. This is also possible if your injury happened while driving for your employer. For example, if you worked for a flower shop and a drunk driver crashed into your delivery van, causing a catastrophic injury, you would be eligible for workers’ compensation. You could also sue the drunk driver or their insurance carrier for your pain and suffering and any other costs not covered by workers’ comp.
In most situations, it is not possible to sue your employer directly since Florida laws are designed to direct most workplace injuries through the workers’ compensation system. However, some exceptions exist, such as when your employer ignored the law and failed to secure workers’ compensation insurance. Your lawyer will work to find any avenues to help you cover the costs of your catastrophic injury.