Ocala, FL Permanent Disability Benefits
How Permanent Disability Benefits Work
When a worker is injured while on-the-job in Florida, they are generally entitled to workers’ compensation benefits. But depending on the severity of their injuries, the worker may not be able to return to work. In those instances, a worker may be eligible for permanent disability benefits.
Before receiving permanent disability benefits, an injured worker needs to provide evidence showing that their medical condition is unlikely to change. Workers must also show that their condition limits their ability to work or prevents them from working altogether. The entire process can take weeks, if not months, before an injured worker learns whether their claim has been approved or denied. A workers’ compensation lawyer at Schatt Hesser McGraw can guide you through the process of filing a workers’ compensation claim and help you receive the disability benefits you deserve.
Maximum Medical Improvement
Medical care and treatment focus on providing continual improvement for the injured worker, either until the injury heals or maximum medical improvement (MMI) is reached. During treatment, the care provider keeps records of treatment and any improvements of the worker’s condition. When no further improvements are made — or can be made — the worker has reached MMI. At this point, all treatment becomes palliative, and medical care focuses on pain and symptom management thereafter.
Permanent Partial Disability
Permanent partial disability (PPD) benefits may be provided to an injured worker who is able to return to work but in a position or role that is suitable for the disability. However, many times this position pays less than the worker’s initial position and PPD benefits help injured workers recoup some of the financial difference.
The worker’s attending doctor or medical care provider assigns an impairment rating or percentage that represents the extent of the injury. The amount of benefits an injured worker may receive for a permanent partial disability is based on Florida Statute § 440.15 and multiple legal formulas. Though these guidelines mean well, the ultimate decision for a total amount comes down to subjectivity. A workers’ compensation attorney in Ocala, FL at Schatt Hesser McGraw can help you appeal a decision and act as your advocate for receipt of a more suitable amount.
Permanent Total Disability
A permanent total disability means an injured worker is unable to continue working at all. To receive benefits under permanent total disability, only certain injuries qualify, such as:
- Amputation of an arm, foot, hand, or leg resulting in the loss of use of the appendage;
- Severe communication, motor, or sensory disturbances;
- Severe intermittent neurological disorders or other brain and closed-head injury conditions;
- Spinal cord injury resulting in severe paralysis of an arm, a leg, or the trunk; or
- Total or industrial blindness.
Unfortunately, most workers’ injuries don’t qualify them to receive benefits under permanent total disability. The state of Florida allows injured workers to file for permanent total disability if the accident occurred after 2003 and the worker presents evidence that fulfills one of the following criteria:
- Permanent medical incapacity to participate in at least sedentary work due to the disability, within a 50-mile radius of the worker’s home;
- Permanent work-related physical restrictions combined with a comprehensive but unsuccessful job search; and
- Permanent work-related physical restrictions that prohibit participating in at least sedentary work when combined with occupational factors.
If you believe your injury should be considered permanently disabling, contact the Ocala attorneys at Schatt Hesser McGraw. Our law firm has successfully assisted injured workers for years, as they pursue permanent total disability benefits.
Restrictions To Receiving Permanent Disability Benefits
Florida workers’ compensation rules require an injured worker receive medical care from a provider approved by the employer’s insurance company and follow the medical provider’s treatment plan. An injured worker can receive up to 104 weeks of temporary total and/or temporary partial disability medical impairment benefits. The total amount of these benefits depends on the assigned medical rating and whether the injury is classified as a temporary total disability or temporary partial disability. Attorneys at Schatt Hesser McGraw can explain this process during a consultation and help you through the application process. Contact our law firm today.
Workers’ Compensation Attorney In Ocala, FL
An on-the-job injury can be distressing as you wonder how bills and other expenses will be paid while you recover. And unfortunately, many workers have trouble receiving workers’ compensation benefits owed to them. Avoid the hassle and headaches by contacting experienced Ocala attorneys with Schatt Hesser McGraw. Our law firm has helped guide many injured workers through the application and appeals process, leading to our clients receiving adequate disability benefits for their workplace injuries. Contact Schatt Hesser McGraw to schedule a consultation for your case.