Florida Worker's Compensation - Help For Injured Florida Workers

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  1. #1
    Join Date
    Oct 2010
    Posts
    2

    Post At MMI with 40% Total Impairment

    I just reached MMI a few weeks ago. unfortunately, no one told me. not the doc or the insurance or anyone. All of a sudden I just start getting much smaller checks. Now my doc gave me a total impairment rating of 40%. A 100% impairment rating for my old job. After browsing these forums for a bit, this seems high. I'll explain what happened.
    I was nailing off a roof with a nailgun and the nail ricocheted into my eye. No safety glasses. Blew it apart. They managed to fix it, as in, I still have the eye. But 4 surgeries later, I have crud for vision out of it. The injury happened in August 2009. I'm basically curious as to what I can expect from an impairment rating that high. I'll be seeing my attorney tomorrow, but I'm totally stressed about this and feeding my kids. Just wondering if anyone here had any experiences like this. i'm 27 years old if this makes a difference.
    Thanks so much for any input!

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: At MMI with 40% Total Impairment

    Info on WC benefits in FL is here http://www.myfloridacfo.com/wc/faq/faqwrkrs.html

    The compensation for a work injury is based on an impairment/partial disabity rating. The % of your impairement or reduced earning ability, the laws provide for a predetermined number of weeks continuing benefits paid.
    You can't force a lump sum payment, or settlement.
    WC is about paying benefits were due, not "settlements".
    You would also have access to future medical care.

    The entire claim closes though 1 year from the last payment of benefits, or medical provided.
    You can calculate how many weeks of indemnity you are due by using the formulas here http://www.flsenate.gov/Statutes/ind...s/0440.15.html
    (g)Notwithstanding paragraph (c), for accidents occurring on or after October 1, 2003, an employee’s entitlement to impairment income benefits begins the day after the employee reaches maximum medical improvement or the expiration of temporary benefits, whichever occurs earlier, and continues for the following periods:

    1.Two weeks of benefits are to be paid to the employee for each percentage point of impairment from 1 percent up to and including 10 percent.

    2.For each percentage point of impairment from 11 percent up to and including 15 percent, 3 weeks of benefits are to be paid.

    3.For each percentage point of impairment from 16 percent up to and including 20 percent, 4 weeks of benefits are to be paid.

    4.For each percentage point of impairment from 21 percent and higher, 6 weeks of benefits are to be paid.

  3. #3
    Join Date
    Jul 2010
    Posts
    24

    Default Re: At MMI with 40% Total Impairment

    Sorry to hear you have such a significant impairment. As you can see from the schedule above, you will be receiving those "smaller checks" for quite some time. It may be something your attorney will look into getting a lump sum from the insurance company. You indicated that you are unable to return to your previous employment. If you have a high school education then you should be able to get retraining from the state. The maximum of those benefits plus your previous temporary benefits may not exceed 104 weeks. But retraining allows you to be paid while the state retrains you in another profession. That will probably be the way to go in this case.

  4. #4
    Join Date
    Oct 2010
    Posts
    2

    Default Re: At MMI with 40% Total Impairment

    Thanks so much for the info. BvIA. It was confirmed to me by the nurse at the BRRS. Funny how the insurance just tells me that they owe me two weeks for each impairment percentage point. That would be less than 2 years, but on this schedule it's 175 weeks. Much closer to 4 years. Which is great and all, but not enough to live on. So now, I'm looking for work while I wait to hear back from BRRS (the people in charge of retraining). Unfortunately I don't have many useful skills that aren't related to my previous field of construction. So I wonder, does anyone know if you can file for unemployment after so long? I'm going to attempt it, but they only want info from July of 2009. Which isn't much before the August accident. Has anyone else tried to file for unemployment after being off work for so long?

    I'm also curious about something else I read here about late payments. I have struggled immensely with this insurance carrier (claimetrics). They are in fact, no longer in business as I write this. I read that if the carrier is over a week late (7 days I assume) that I am entitled to a 20% penalty? If that is true, can i go back over the past year and pick out all the times (numerous) that they paid me over 7 days late and collect the 20% or is there a limit on time to file this? $150 a dozen times adds up pretty quick to a guy in my spot.
    Thanks, wcatty. It's interesting. I have a chart here regarding impairment of the visual system as it relates to the impairment of the whole person. The percentages are almost equal. My visual system is 42% impaired due to injury, which translates into 40% total impairment. And this chart came from the insurance company. I am definitely working with BRRS to get retrained at state expense. That would be great, as I was hoping to go to school regardless. I won't be trying to settle this. Mostly because I know they won't offer even close to what I would accept to lose my medical coverage. Also, I must hold onto the hope that sometime in the next 20-30 years they will come up with a way to fix my eye. A full eye transplant or a million dollar man eye. I know I wouldn't be able to afford that! Heh.

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