Florida law recognizes that some injuries stemming from work-related accidents are so egregious and debilitating that they are to be classified as ‘catastrophic’ and lead to ‘permanent and total disabilities’ (PTD). Unlike simple injuries that might take you out of the workforce for a few weeks while you recuperate or rack up expensive medical bills, people who are considered PTD are usually entirely unable to continue working through any means due to the severity of their injuries. Therefore, the payouts and ongoing compensation in these cases can be extraordinary. To learn more about your options following an injury or the injury of a loved one, read this blog for the most updated laws and statutes for this situation.
Work-Related Catastrophic Injuries – Common Examples
The Florida Statues regarding workers’ compensation (as of this writing) give an outline of what qualifies someone as permanently and totally disabled. One crucial qualification that affects whether or not this condition is applied is whether or not the employer on insurer provider can prove that your injuries are not so severe as to limit your ability to work at a sedentary position – even if that job is different from your previous job. However, if your injuries preclude you from doing even simple work, the State of Florida presumes the following situations have lead to a permanent and total disability:
1. Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk;
2. Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage;
3. Severe brain or closed-head injury as evidenced by:
a. Severe sensory or motor disturbances;
b. Severe communication disturbances;
c. Severe complex integrated disturbances of cerebral function;
d. Severe episodic neurological disorders;
4. Second-degree or third-degree burns of 25 percent or more of the total body surface or third-degree burns of 5 percent or more to the face and hands; or
5. Total or industrial blindness.
As you can see, most of the work-related injuries listed here will significantly negatively affect the injured party’s quality of life and working capabilities for years to come. When permanent total disability benefits are given, they continue until age 75 and can fluctuate based on previous wages and judgment given.
Personal Injury Attorneys – How They Can Help
Personal injury attorneys can help you through the process of receiving just compensation for a wide range of issues, such as car accidents and workers’ comp cases. The importance of having an experienced lawyer by your side can not be overstated, no matter the situation. However, catastrophic injury cases are one of the situations where a lawyer is not just highly recommended, but almost mandatory. A catastrophic injury at your workplace may entitle you to an entire lifetime of compensation, and your employer and insurance company will likely try to find every way possible to minimize the amount they have to payout. This often takes the form of arguing that the injured party is more capable than they appear and forcing them to undergo vocational training as part of the job search stipulation of the statutes. Having an attorney by your side can ensure these larger parties can not bully you into further injuring yourself and putting stress on your recovering body just to reduce the compensation you deserve.
Contact the experienced attorneys at Probinsky & Cole today to schedule a free consultation if you or a loved one has questions about their workplace or work-related injury.
