If you’ve been seriously injured at work and are no longer able to return to work, you may be entitled to a workers’ compensation permanent disability settlement. Understanding what this type of settlement entails and how it’s calculated is crucial to ensuring that you receive fair and full compensation for your injury.

At RTRLAW, we help injured workers across Florida navigate the complexities of the workers’ comp system and maximize their permanent disability benefits.

What Is Permanent Disability in a Workers’ Comp Claim?

When you suffer a serious injury on the job, the road to recovery can be long and uncertain. In some cases, a full recovery may never be possible. That’s where permanent disability (PD) benefits come in. These benefits are designed to provide financial support when your injury causes lasting impairments that impact your ability to work.

Permanent disability refers to a long-term or permanent loss of function due to a workplace injury. This could mean losing the use of a limb, suffering a spinal injury, or sustaining chronic conditions like complex regional pain syndrome or RSD.

When your condition has reached “Maximum Medical Improvement” (MMI) and your doctor determines that you will never fully recover, you may be deemed permanently disabled.

There are two main types of permanent disability:

  • Permanent Partial Disability (PPD): When the injured worker retains some ability to work but has a permanent impairment.
  • Permanent Total Disability (PTD): When the injured worker is unable to return to any type of gainful employment due to their injuries.

Understanding what qualifies as permanent disability is the first step toward accessing the compensation you deserve. The next step is understanding how these types of cases often lead to a workers’ comp settlement.

What Is a Permanent Disability Settlement?

Once a worker has been classified as permanently disabled, the question becomes how will compensation be paid moving forward? This is where a permanent disability settlement comes into play.

A permanent disability settlement is a lump sum or structured payment offered to an injured worker instead of ongoing weekly benefits. Accepting a settlement typically means you waive your right to future benefits related to that injury.

When you reach a settlement of your claim, you receive a one-time payment that includes compensation for lost wages, future benefits, and sometimes future medical treatment. This ends the case permanently.

Choosing to settle your claim can have a lasting impact on your financial security. To make an informed decision, it’s important to understand how these settlements are calculated.

How Is a Workers’ Comp Permanent Disability Settlement Calculated?

When pursuing a permanent disability settlement, one of the most common questions injured workers ask is, “How much is my case worth?” The answer depends on several key factors that determine the value of your claim.

Several factors go into determining the value of a permanent disability settlement:

  • Disability Rating: Your physician assigns a disability rating (typically a percentage) that reflects the severity of your permanent impairment. For example, a 25% rating may indicate a more significant permanent injury than a 3% rating.
  • Average Weekly Wage (AWW): Your pre-injury average weekly wage is used to determine your benefit rate. In Florida, permanent total disability benefits are typically two-thirds of your AWW, up to a state-mandated cap.
  • Future Medical Costs: If you require ongoing medical treatment, that cost may be factored into your settlement, especially in a lump sum arrangement.
  • Age and Occupation: Your age, job type, and ability to work in the future also play a role in how much your claim is worth.

Knowing how your workers’ comp settlement is calculated empowers you to make informed decisions regarding your settlement and the long-term implications that potentially come with it. At RTRLAW, our experienced attorneys can help evaluate your case, provide you with information to make educated decisions regarding your claim, negotiate with insurance companies, and pursue the maximum compensation you’re entitled to receive.

Should You Accept a “Lump Sum” Workers’ Comp Settlement?

Choosing to accept a lump sum settlement—commonly referred to as a Release—can offer immediate financial relief, but it’s not a decision to be taken lightly. This type of settlement typically closes your case for good, meaning you waive your right to pursue any future medical benefits or wage replacement related to the injury. Even if your condition worsens, or if you later discover you need surgery, physical therapy, or additional treatment, you likely won’t be able to reopen your claim.

While a lump sum payout may be beneficial if you need funds quickly to cover living expenses or want to avoid the stress of prolonged litigation, it’s crucial to understand what you may be giving up. These settlements can be complex, involving calculations for future medical care, projected lost wages, and other benefits you would have otherwise received over time.

Before accepting any offer, it’s wise to consult with an experienced workers’ compensation attorney who can:

  • Evaluate whether the offer fairly reflects your disability rating and long-term medical needs
  • Negotiate for a higher settlement if necessary
  • Explain the pros and cons of a lump sum versus ongoing benefits
  • Help you avoid common pitfalls that could result in inadequate compensation

At RTRLAW, our attorneys understand the lasting impact a workplace injury can have on your life. We’ll thoroughly assess your case and guide you toward the best financial outcome for your unique circumstances.

How RTRLAW Can Help with Your Workers’ Comp Settlement and Making the Best Decisions for Your Future

Navigating a permanent disability settlement can be overwhelming, especially when you’re focused on healing and supporting your family. That’s where RTRLAW steps in—to ensure your rights are protected and your future is secure.

RTRLAW’s experienced workers’ compensation attorneys in Florida are dedicated to helping injured workers obtain the full benefits they are entitled to. We will:

  • Review your disability rating and medical reports
  • Negotiate with the insurance company on your behalf
  • Ensure that any settlement accounts for future medical and wage loss needs
  • Represent you at mediations and workers’ comp hearings if necessary

We understand the financial pressure and emotional stress that comes with a serious work injury. Our team will fight for your rights so you can focus on recovery and rebuilding your life.

If you’re considering a workers’ compensation permanent disability settlement, we can help. Call RTRLAW at 1-833-HIRE-RTR for a free, no-obligation consultation, or visit our website to learn more. Let our experienced attorneys help you protect your future and fight for the compensation you deserve.