Permanent Total Disability Benefits in Fort Lauderdale Workers’ Compensation Claims: Who Qualifies and What To Expect
When on-the-job accidents happen in South Florida, the injuries workers suffer can cause lasting impairments. If you are unable to work in any capacity, permanent total disability benefits provide long-term financial support.
These are the most significant types of benefits in the Florida workers’ compensation system, but they are also among the most contested. Our experienced Fort Lauderdale workers’ compensation lawyer explains who qualifies, what these benefits entail, and other factors that affect your rights in a claim.
Injuries That May Qualify for Permanent Total Disability Benefits in Florida Workers’ Compensation Claims
Under Section 440.15(1) of the Florida Statutes, permanent total disability benefits are awarded to injured workers in Fort Lauderdale when a doctor determines they are unable to engage in even sedentary work within a 50-mile radius of their home. Considering the amount of money this could represent over the workers’ lifetime, insurers are quick to challenge these determinations and deny benefits.
Certain injuries create a legal presumption of permanent total disability under Florida workers’ compensation law, without requiring the worker to prove inability to work. These include:
- Spinal cord injuries that leave the worker partly or completely paralyzed.
- Traumatic brain injuries producing severe cognitive impairment.
- Loss of both hands, both feet, both eyes, or any combination of two of these body parts.
- Second or third degree burns covering more than a quarter of the body.
- Permanent blindness.
Don’t fall within these categories? You may still be entitled to permanent total disability benefits in your Fort Lauderdale workers’ comp claim, but you’ll need detailed medical records, testimony from vocational experts, and other evidence to support your case.
When On-the-Job Injuries in Fort Lauderdale Cause Permanent Impairments
Permanent total disability benefits, available through the Florida Division of Workers’ Compensation, help protect your financial security when permanent impairments prevent you from working. However, they are structured differently than other benefits. Here’s what to expect:
- Permanent total disability payments represent roughly two-thirds of your average weekly earnings and continue until you reach 75.
- If you do not get Social Security benefits once you turn 75, payments may continue under certain circumstances.
- Insurers conduct ongoing reviews to determine whether your condition has changed and whether you remain eligible.
- Returning to any form of work, even part-time or occasional employment, can trigger a re-evaluation.
In permanent total disability cases, it’s common for insurers to offer early lump sum settlements. However, these often cover your total losses over the years. Before accepting, contact our experienced Fort Lauderdale workers’ compensation lawyer.
Request a Consultation Today With an Experienced South Florida Workers’ Compensation Lawyer
Has a workplace injury in Fort Lauderdale left you permanently disabled? The Law Offices of David M. Benenfeld, P.A. acts as a strong ally on your side. Our experienced Fort Lauderdale workers’ compensation lawyer protects your rights when dealing with insurers and fights for the long-term benefits you deserve. Contact us today to request a consultation at our Sunrise, Fort Lauderdale, or West Palm Beach office.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.15.html
myfloridacfo.com/division/wc/employee/frequently-asked-questions