There are times when a work related accident is serious enough to be considered catastrophic. For Florida Workers’ Compensation purposes, a catastrophic work injury is one that would leave the person permanently and totally disabled (PTD). The amount of benefits at issue in a case involving permanent disability are significant.
Some examples of catastrophic injuries are:
- Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk;
- Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage;
- Severe brain or closed-head injury as evidenced by:
- Severe sensory or motor disturbances;
- Severe communication disturbances;
- Severe complex integrated disturbances of cerebral function;
- Severe episodic neurological disorders; or
- 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
- Total or industrial blindness.
Next Steps
Catastrophic injury cases need the attention of a knowledgeable and experienced attorney because you may be entitled to receive an award of lifetime benefits. A lifetime of benefits payments costs insurance companies massive amounts of money and they will fight strenuously to avoid being placed in this position.
Contact the experienced attorneys at Probinsky & Cole today to schedule a free consultation.
In all other cases, in order to obtain permanent total disability benefits, the employee must establish that he or she is not able to engage in at least sedentary employment, within a 50-mile radius of the employee’s residence, due to his or her physical limitation.
People suffering from job injuries face many problems. In addition to needing medical care, their budgets are often strained by a decrease or loss in wages. Florida’s workers’ compensation system will cover your medical care and the majority of your lost wages. In addition, you may be entitled to payment for partial or total disability.
Florida’s workers’ compensation system requires an employer to provide lost wages, medical benefits, and disability compensation in exchange for the employee losing his or her right to sue the employer for negligence. In Florida, any business with four or more employees is required to have workers’ compensation insurance. For employers that do not have workers’ compensation insurance coverage, injured employees retain the right to sue the employer for negligence in the event of an on-the-job accident that causes injuries.
Every catastrophic injury is different, but almost all cases have a common theme: they could have been prevented. These injuries are often caused by human error or recklessness. For instance, maybe a distracted driver hit into your vehicle, causing severe whiplash and chronic back pain. Or perhaps an employer failed to provide a safe work environment which contributed to your head injury.
An attorney can examine all aspects of your case, advise you of possible legal options, and help you to decide the next steps to take.
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