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

Knee injuries can be difficult to bounce back from. A bad knee injury at work can leave you in serious pain with no way to continue working. You may be entitled to Workers’ Compensation benefits to cover these medical costs and lost wages. If you pursue a settlement, you should have a lawyer.

Before you can negotiate a Workers’ Compensation settlement in Florida, you must reach your maximum medical improvement (MMI) as determined by your doctor. If you remain impaired despite reaching your MMI, you may deserve a hefty settlement. While settlements do not usually account for non-economic damages, they should account for things like your current and future medical costs and lost wages.

Call the Graves Injury Law Firm at (305) 614-2767 and ask our Miami, FL Workers’ Compensation attorneys for a free, private legal assessment.

Reaching Maximum Medical Improvement

Before you can negotiate a settlement with your employer’s insurance carrier, you likely need to wait for maximum medical improvement (MMI). Your MMI is determined by your doctor and is the point in your recovery at which your doctor believes your condition will not improve any further.

Maximum Medical Improvement vs. “Full Recovery”

For some, their MMI is close to a full recovery, and they may be able to resume full-time work. For others, their MMI is nowhere near a full recovery, and they may live with serious disabilities that prevent them from working as they did before the accident for a long time, possibly forever.

MMI as a Factor in Settlement

Your MMI will factor heavily into your knee injury settlement. If your MMI involves long-term or permanent disabilities, you should argue for a much higher settlement.

A low MMI is often associated with a reduced ability to work or total incapacity from working. In such cases, a settlement should also account for all the working years you will miss because of your injuries.

Determining Permanent Impairment Rating

If your knee injury constitutes a temporary total disability, you may receive Workers’ Compensation wage benefits for no longer than 104 weeks (2 years).

Setting Impairment Rating

After 104 weeks, or when you reach MMI, whichever comes first, your permanent impairment rating must be determined using an impairment guide or schedule as determined by law. The higher your impairment rating, the longer you may receive benefits.

Impairment Rating as a Factor in Settlement

Those with a higher impairment rating are more likely to have greater damages in the future, including medical costs, lost wages, and more. As such, a higher impairment rating should lead to a larger settlement.

Help from a Lawyer

Do not attempt to handle your Workers’ Compensation settlement on your own. Some injured workers may be approved for benefits without a lawyer’s help, but negotiating a settlement after reaching maximum medical improvement is highly complicated and challenging. You may be up against your employer’s insurance carrier and its legal team, and you need a lawyer to help you get a good settlement.

Calculating Benefits for Future Medical Expenses

You might have received Workers’ Compensation benefits covering your medical costs up until you reached your MMI. However, your injury may require future treatment that must be accounted for in a settlement. Future knee surgeries, mobility aids, physical therapy, pain medication, and other medical care can be expensive. A good settlement should account for these future medical needs.

The Duration of Your Disability

When negotiating a settlement, we must consider how long your disabilities are expected to last or when you can resume work. If it is unlikely that you will be able to work again any time soon, or your injuries will require ongoing medical care for the foreseeable future, we should demand a much greater settlement.

After 104 weeks, or after you reach MMI, we must reassess whether you can return to work. Even if your injury has recovered somewhat, you might not be 100% back to normal, and working may still be difficult.

Should a Good Workers’ Comp Settlement for a Knee Injury Account for Pain and Suffering?

In Florida, Workers’ Compensation does not cover non-economic damages for pain and suffering. As such, your knee injury settlement will not account for such damages.

To obtain these damages, you may need to file a lawsuit against someone other than your employer. Your attorney can help you identify any third parties who may be held liable for pain and suffering.

Can You Change Your Mind After Accepting a Workers’ Comp Settlement in Florida?

Generally, no. Once you accept a settlement and the court approves it, there is very little you can do to change your mind. You typically cannot renegotiate the settlement if you suddenly realize it is not enough.

However, if we have evidence that your employer’s insurance carrier coerced you into accepting a bad settlement or intentionally misled you regarding material facts, we may argue that the settlement is invalid.

How is a Workers’ Comp Settlement for a Knee Injury Paid?

How your settlement is paid may depend on what you negotiate for with your employer’s insurance carrier. Many settlements are paid as a one-time lump sum, and you will not receive any further payments. In that case, you must budget carefully to make sure the money lasts as long as you need it.

You may also be able to accept an up-front payment followed by monthly installments. This may be more likely in cases where a settlement is so large that the insurance carrier would rather not pay it all at once.

Ask Our Florida Workers’ Compensation Attorneys for Help with Your Knee Injury Settlement

Call the Graves Injury Law Firm at (305) 614-2767 and ask our Hialeah, FL Workers’ Compensation attorneys for a free, private legal assessment.