Florida Worker's Compensation - Help For Injured Florida Workers

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  1. #1
    Join Date
    Apr 2009
    Posts
    2

    Default Settlement of a Knee Injury

    I injured my knee january 08 MRI showed a possible tear in menescis .Ortho recommended knee authroscopy to see for sure.My work would not allow me to work with any type of limitations so was out on comp getting paid 240 per week.In June they finally approved surgery but I failed the pre op exam and need a cardiac cath.In december I finally got that done and was cleared for surgery on my knee february 09 got my surgery done.My injury healed up but now have arthritis.anyway I reached MMI with a 3% rating permanent rescrictions are no lifting over 20 pounds repetitive or 40 pounds at all.No squatting or kneeling no repetitve stair climbing.PT on my own.I am now cut off from my checks except for the 6 weeks impairment.My job wont allow me to come back with any rescrictions.My case worker says they will most likely settle.what should I expect for a settlement????I am 40 years old was making 13 per hour full time.Will they offer some tiny amount for this.My doctor says arthritis never goes away.I have 4 kids to support.I have always worked jobs that are factory,warehouse ect..How do they figure settlements?? I have no attorney and really do not want to get one.I just wanted my injury to heal so I can get back to work.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: What Next?

    Go here....440.15 Compensation for disability.--Compensation for disability shall be paid to the employee, subject to the limits provided in s. 440.12(2), as follows: http://www.flsenate.gov/Statutes/ind...440/ch0440.htm and you'll find the statute that provides for PPD benefits/awards.

    You may not be able to RTW with the pre exsisint employer, or your pre exsisting job.... there may be VR benefits avaliable.

    Work injury's are life changing at times... and you should probably begin thinking about alternative employment.

  3. #3
    Join Date
    Apr 2009
    Posts
    2

    Default Re: What Next?

    I wish I could understand all the laws.I was just trying to understand what kind of settlement they might offer with a 3% rating on a knee? do they usually allow for medical in the future or prescriptions. I know they dont allow pain as a part of it. I was not fired or laid off at this time.I am still waiting to hear back from my employer.Can I collect unemployment if they don't have a spot for me with my limitations? what happens if I can't find a job?They were going to offer me a job in a store but said I would have to kneel or squat at times stocking shelves.Which I cannot do.How does the re training thing work? I don't really have a degree in anything. I have always done labor jobs.warehouse-factory ect.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: What Next?

    I was just trying to understand what kind of settlement they might offer with a 3% rating on a knee? do they usually allow for medical in the future or prescriptions.
    There is likely a pre set number of weeks indemnity in the code.
    The 3% rating will determine how many weeks you are entitled to for the loss of earning capacity.

    I am now cut off from my checks except for the 6 weeks impairment Those 6 weeks are the 'settlement' or award for the 3% rating.

    Yes, there are considerations for future medical needs in a lump sum settlement... and those dollars should be spelled out in the allocation in the settlement documents.
    You should not ecpect to be paid much for future medical... IC's don't pay much for ''maybe's''...eg if your doctor says you 'may be' will need a TKR/total knee replacement in the future... you are not likely to see money for that...there is no guarantee you will actually have the TKR.
    And if you were to receive money for that... and spent it on other things... the knee would still be out of your pocket.

    If you think there is need for additional medical treatment... you should not C&R the claim... but take the indemnity/PPD money over time, and leave the medical open.

    Contact the CA regarding vocational rehab benefits...if your ER cannot make the reasonable accommodation to bring you back to work... you will have to seek employment elsewhere. WC payments don't go on until you can find a job... you should also file for unemployment benefits. Those will depend on your earning history.

  5. #5
    Join Date
    Feb 2007
    Location
    florida
    Posts
    622

    Default Re: What Next?

    You are due 6 weeks of impairment benefits. I Florida you can apply for retraining but that has to be done thru the state. If the agree to retrain you they will pay for the costs of the course and it is possible the carrier would owe up to 52 of rehabilitation TTD. It is getting difficult to get the State approval. You must have at a minimum a GED. As for settlement they will make a low ball offer initially. They will base the evaluation on the future medical benefits. If you are settled and unrepresented you will have to appear live before the JOCC for approval of the settlement.

  6. #6
    Join Date
    May 2011
    Posts
    6

    Default Re: What Next?

    i injured my knee in feb and had acl reconstructive surgery and repair of the menicuses in march currently in pt cant work no light duty available i deliver eggs in a semi. im 40 years young and now going in my 3rd month of pt but having lots of pain not even kneeling halfway down feels like it just wants to explode. every day i wear the brace it helps but man i receive 62 percent because of my 5 kids but, will i be getting a doctor rating after im done with this for a settlement? doesnt feel like its healing in there at all yeah the surgery helped but the kneeling and half squats hurt really bad and pt doesnt understand why its hurting so bad. I climb in and out of the back of the semi and have to be able to jump up and out the back constantly. What are the washington state limits on percentage of the knee. i have pain just still stretching it out and getting it relaxed.

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: What Next?

    What are the washington state limits on percentage of the knee. i have pain just still stretching it out and getting it relaxed.
    This is the Florida board... and kinda dated...be best to post in the Washington board, with your own thread.

    In the meantime, there is info on WA WC here http://www.biia.wa.gov/

    You may be rated for a permanent partial disability before L&I closes the claim.

    When you have completed treatment but have suffered a permanent disability, you may qualify for a Permanent Partial Disability (PPD) award. PPD must be rated by a qualified doctor.
    More on PPD here http://www.lni.wa.gov/ClaimsIns/Clai...pd/default.asp
    Basic claim info here http://www.lni.wa.gov/ClaimsIns/claims/

    Have you had an attorney handling your claim...? If not, may be a good idea to consult with a few.

  8. #8
    Join Date
    Jun 2011
    Posts
    1

    Default Re: What Next?

    Go to this link: http://www.jcc.state.fl.us/JCC/searchJCC/
    Search by county or carrier or employer and then click on employee's name, then click on the docket tab at the top of page. You can read through thousands of settlements and see what insurance companies have been paying for each type of injury. You can read the history of each claim and see exactly what type of medical treatments the injured workers are receiving and the dollar amounts for settlements. You can see which attorneys are getting the most for their clients and there are also instructions on how to file pro se.

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