What is a Good Workers’ Comp Settlement for a Back Injury in Florida?

Workers’ Compensation can help make up for damages and lost income while you recover from a work-related back injury. You may have the option of accepting a settlement, and you should speak to an attorney about it before accepting anything.

A good Workers’ Compensation settlement for a back injury should account for all your current and future costs and needs. Generally, Workers’ Compensation covers medical costs, a portion of lost wages, damages for permanent impairment, and possibly more. If you accept a settlement, you may receive all your compensation in a one-time payment or structured settlement, and we must make sure that all your needs, current and future, are accounted for in the settlement.

Contact our Miami, FL Workers’ Compensation lawyers for a free, private case evaluation by calling the Graves Injury Law Firm at (305) 614-2767.

Negotiating a Settlement

When you file a Workers’ Compensation claim, you may receive weekly benefit payments from your employer’s insurance carrier. However, this is not the only option. The insurance carrier may offer a one-time settlement to cover your damages. If you go this route, you must make sure that the settlement accounts for all your damages.

Economic Losses

In a back injury case, your damages should include medical costs, lost wages, and various future expenses. If your injury is severe, long-lasting, or permanent, a good settlement should account for future medical care. Similarly, your settlement should account for a lifetime of lost income.

Non-economic losses are not available in a Workers’ Compensation claim, but you may be able to file a separate lawsuit against outside third parties to recover damages like pain and suffering.

Duration of Your Disability

The longer a work-related back injury lasts, the larger your settlement should be. A complex back injury may require ongoing medical care. As your condition changes or your pain worsens, you may need additional treatments, and a good settlement should help cover those costs. Similarly, the longer your disability persists, the longer you may be unable to work, and the more income you will lose.

How Your Average Weekly Wage Affects Your Florida Workers’ Compensation Settlement

Workers’ Compensation benefits are largely based on the income you earned before the accident. We must assess your average weekly wage before we settle.

Calculating Average Weekly Wage

If you worked substantially (i.e., at least 75% of your customary hours) for the whole 13-week period before your accident, your average weekly wage is one-thirteenth of the total wages earned during those 13 weeks.

If this calculation does not apply to your employment (e.g., you are paid on commission or work inconsistent hours), our Florida Workers’ Compensation attorneys can determine the best method for calculating your average weekly wage.

Wage Increases

Many people can reasonably expect wage increases during their employment, and such increases may factor into your average weekly wage. Under Florida law, if an injured employee is younger than 22 when they are hurt, and would have normally gotten a raise during their disability time, these wage increases should be accounted for when calculating the employee’s average weekly wage.

Consideration from Your Employer

Many jobs come with certain benefits paid for by the employer, such as employee housing or vehicles. If your employer continues to provide such consideration during your disability period, the value of such consideration may be deducted when calculating your average weekly wage. However, if your employer ceases providing consideration during your disability period, we do not have to deduct those costs.

Permanent Total Disability

If your back injury is determined to be permanent and total, then you may receive two-thirds of your average weekly wage for as long as the disability persists, up through age 75. Permanent total disability means you are completely incapacitated and cannot perform even sedentary work, and your injuries are determined to be permanent.

By law, certain injuries are presumed to be permanent and total unless the employer establishes otherwise. These injuries include spinal cord injuries involving severe paralysis of an arm, leg, or the trunk, among other injuries. If you experience a back injury that damaged your spinal cord, you may deserve a larger settlement.

What is Maximum Medical Improvement?

Your maximum medical improvement (MMI) is the highest level of medical recovery your doctor expects you to reach. Your benefits are often reduced after you reach MMI.

Is MMI a “Full Recovery”?

The MMI for some might mean a 100% recovery. For others, MMI might still leave them with disabilities or impairments that interfere with their ability to work.

Who Determines MMI?

Your doctor must determine your MMI. The date of MMI is the date after which your doctor does not anticipate any further medical improvement or recovery.

How Does MMI Affect a Back Injury Settlement?

Your MMI will factor heavily into your back injury settlement. The lower your expected MMI rate is, the higher your settlement should be. If someone’s MMI indicates their back is permanently injured, the victim should argue for greater compensation.

Residual Injuries After 104 Weeks of Benefits

If your back injury completely prevents you from working, but your doctor determines the injury to be temporary, you may receive temporary total disability benefits for no more than 104 weeks. After that, benefits may be reduced.

104-Week Rule in Back Injury Cases

This is a somewhat common scenario for those with back injuries from work-related accidents. A bad back can make working impossible, but many people can recover.

Ongoing Impairment

After 104 weeks of temporary total disability, your doctor must assign you a “permanent impairment percentage score.” If your score is more than zero, meaning you experience some degree of permanent impairment, you may be entitled to impairment income benefits.

Your exact benefits are based on an impairment schedule established by law, but it is usually less than the full temporary total disability rate. Impairment income benefits are paid biweekly at a rate of 75% of your average weekly wage.

Can You Ask for a Bigger Workers’ Compensation Settlement?

Yes. Settlements are the result of negotiations. Often, an employer’s insurance carrier will offer the lowest settlement they believe you will accept.

You do not have to accept, and you should almost never accept the first offer. In fact, you should avoid beginning negotiations until you have spoken to a lawyer and determined what your back injury should be worth.

Can You Accept a Settlement if You Have Not Reached Maximum Medical Improvement?

Generally, no, at least not for temporary benefits. Insurance carriers typically offer settlements only if an injured employee has reached MMI and is not 100% recovered. If your MMI is a full recovery, there may be no need for a settlement, and insurance carriers may not even broach the topic of a settlement if it appears that you will fully heal from your back injury.

However, some injuries are clearly permanent total disabilities from the beginning, and you might not need to reach MMI to negotiate a good settlement.

Contact Our Florida Workers’ Compensation Attorneys to Discuss Your Back Injury

Contact our Ft. Lauderdale, FL Workers’ Compensation lawyers for a free, private case evaluation by calling the Graves Injury Law Firm at (305) 614-2767.