According to Florida Statute §440.02(13), the definition of disability is the incapacity to earn the same or any employee wages due to an injury. There are multiple kinds of workers compensation benefits an employee may be entitled to based on the severity of their injuries and the amount of time they are out of work. The Boca Raton workers compensation lawyers at Kogan & DiSalvo could help a claimant file for disability and workers’ compensation in Boca Raton.
Temporary, Partial, and Total Disability
If an injured employee is able to return to work on a modified basis such as light-duty and is earning less than 80% of their average weekly wage, they may be entitled to temporary partial disability benefits. Bodily harm to the neck and back or broken bones are examples of temporary partial disability claims. If these injuries require surgery, an employee may be able to claim a temporary total disability. Knowledgeable attorneys could assess a Boca Raton employee’s temporary disability and determine how much in workers’ comp they may be able to pursue.
Permanent Partial Disability
Once an injured employee reaches maximum medical improvement (MMI), all temporary benefits end. To receive permanent impairment benefits, the injured employee’s treating physician must establish that the claimant has sustained a permanent impairment rating as a result of the work-related injury and has reached maximum medical improvement, meaning they cannot recover further beyond this point.
If necessary, an authorized health care provider may assign a permanent impairment rating on the date of MMI or after a total of 104 weeks of temporary total disability or temporary partial disability benefits have been paid. Permanent partial disability can occur as a result of a wide range of medical conditions. Some examples may include:
- Carpal tunnel syndrome
- Amputation of a body part, such as a finger or a hand
- Hearing loss
- Loss of vision in one eye
- Knee injuries
- Nerve damage
- Post-traumatic stress disorder.
Permanent Total Disability Benefits
Permanent total disability (PTD) benefits provide money that helps many disabled residents support themselves and their families. State workers’ compensation law defines the minimum and maximum PTD benefit payments. These payments are made weekly and have legally defined formulas that use the extent of the recipient’s disability and other factors to determine the actual benefit amount.
Legal representatives could walk an injured employee through the process of how to receive permanent total disability workers’ compensation benefits in Boca Raton. Additionally, their lawyers could explain how the formula works and how it may apply to their case.
Speak with an Attorney to Learn More About Disabilities and Boca Raton Workers’ Compensation
Trying to understand disability and workers’ compensation in Boca Raton can be difficult without well-practiced and experienced lawyers by your side. Fortunately, the caring attorneys at Kogan & DiSalvo could work with you to help you apply and obtain the benefit payments you deserve. To learn more about your options and how legal counsel could help you, schedule a free case consultation.