Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Settlement? 4% Permanent Disability due to WC pushing out surgery (Florida)
#1
I suffered a distal bicep tendon rupture in July in Florida. Instead of treating this as an emergency (I was at urgent care within 1 hour of injury) workman's comp pushed my MRI out until week 7 and didn't schedule my surgeon follow up for another 3 weeks. At that time I found out I was too late to have the normal surgery and only the far more risky and complex allograft repair would be an option.

The end result is I am 4% permanently disabled (total body). It's my dominant arm as well if that matters.

I cannot find a consistent answer in computing my award amount.
I see many 'calculators' stating it's your weekly wage times the number of weeks (for an arm 312 weeks) times the disability percent. Some say the weekly wage is at 2/3 and some say you multiply the result by a factor of 8.

Also what would be a fair 'settlement' on top of this? Surgery looks like it would run at least $20,000 with rehab and follow ups.

I can't find a lawyer wanting to take the case as they basically have told me it's below the threshold they want to risk since it's their money up front to represent me.

Thanks!
 
Reply
#2
with a risky surgery in your immedicate future consider having the surgery first and find out what the end result permanent impairment will be.
you'll have a far better idea of the value of your benefits at that time then you ever will trying guess about it now.
it's not something you want to come up short on.

for attys try here
https://www.wilg.org/index.cfm?pg=publicdirectory
or here
http://www.avvo.com/free-legal-advice/Wo...oc=florida
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#3
(07-29-2013, 08:06 PM)1171 Wrote: with a risky surgery in your immedicate future consider having the surgery first and find out what the end result permanent impairment will be.
you'll have a far better idea of the value of your benefits at that time then you ever will trying guess about it now.
it's not something you want to come up short on.

for attys try here
https://www.wilg.org/index.cfm?pg=publicdirectory
or here
http://www.avvo.com/free-legal-advice/Wo...oc=florida

I am rated as I stand at 4%. I don't want the risky surgery as the risk of complications and loss of movement can be great.

I'd rather not increase my disability.

I found a calculator for Florida and the results aren't so great due to income caps. Basically if you make more than $1225 a week you hit the cap.

I am looking at the Permanent Impairment money being $2448.
 
Reply
#4
they are not likely to pay much additional for a surgery you are not interested in having.

if you are negotiating it yourself and you don't get a figure you like,
tell the carrier to go ahead and schedule the surgery and restart your disability.
even though you don't intend to go thru with it, they need to think you are in order for them to up their offer.

just make sure to sit up and say " i have to go to the bathroom" before the surgeon starts his first cut....
Smile

Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#5
Impairment Benefits are paid at 75% of the Average Temporary Total Disability benefit if you are not earning your pre-injury average weekly wage or higher. If you are earning his pre-injury average weekly wage or higher, the benefit is reduced by 50%. Two weeks of benefits for each percentage point of impairment from 1% up to and including 10%.

4% means you are entitled to 8 weeks at either 75% of your TTD if you aren't earning what you earned before you were injured or 37.5% if you are earning as much or more.
 
Reply
#6
(07-30-2013, 02:58 PM)kate Wrote: Impairment Benefits are paid at 75% of the Average Temporary Total Disability benefit if you are not earning your pre-injury average weekly wage or higher. If you are earning his pre-injury average weekly wage or higher, the benefit is reduced by 50%. Two weeks of benefits for each percentage point of impairment from 1% up to and including 10%.

4% means you are entitled to 8 weeks at either 75% of your TTD if you aren't earning what you earned before you were injured or 37.5% if you are earning as much or more.

Thanks, actually received my first check today. I found a calculator for the State of Florida online that cleared it up for me.

IMHO the income caps are ridiculous. I haven't made that amount in 20 years...it pretty much more than halves my benefit. Sad
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  attorney pushing to settle/threatened to dismiss me (CA) ANS_CA 18 1,373 08-09-2019, 09:37 PM
Last Post: California_Help
Exclamation Really Need help on Florida OJCC final rule to enforce settlement recoup18 8 1,432 08-18-2018, 11:19 AM
Last Post: 1171
  Settlement offer florida Davidbum 2 1,679 03-18-2018, 08:20 AM
Last Post: Cashiered Too
  Permanent disability rating and settlement jennifernd 14 67,124 12-19-2017, 02:31 PM
Last Post: 1171
  Partial Permanent Disability W/CPTclaim 1 3,683 01-01-2017, 10:30 AM
Last Post: 1171
  Ohio Permanent Partial Disability Increase W/CPTclaim 4 5,160 03-20-2016, 03:37 PM
Last Post: W/CPTclaim
  Florida menescus surgery settlement opinion help. Future medical? Stinkeye22 5 14,678 10-16-2015, 05:53 AM
Last Post: richardhudson
  skeptical about my settlement ' the insurance company pushing for a settlement.. alvinf478 3 2,935 09-04-2015, 12:34 PM
Last Post: 1171
  Help translating permanent partial disability rating into $settlement mashkey 1 7,374 07-30-2015, 02:00 AM
Last Post: 1171
  CA 9% permanent disability settlement - fair compensation? FedeBT 7 30,589 07-15-2015, 08:43 PM
Last Post: 1171

Forum Jump:


Browsing: 1 Guest(s)