Employers today put a lot more effort into ensuring the workplace is as safe as possible than ever before. The fact is, however, that many people get injured each year, and some of them quite seriously. If you or a loved one gets hurt at work, it is important to understand all of your rights and responsibilities.
If your injury ends up causing any type of permanent problems, you will be assigned a permanent impairment rating, or PIR. This is a rating that is assigned by your health care providers that identifies the degree of your impairment on a scale from 1% to 100%. This rating will be used by the workers’ compensation program to determine what type of payment you are entitled to.
Payment Based on PIR
The amount of money you will be entitled to is based on how serious your permanent injury is. The total amount of your payout is based on your total PIR percentage, and is broken down as follows:
- 1-10% PIR – Two Weeks Per Percentage Point
- 11-15% – Three Weeks Per Percentage Point
- 16-20% – Four Weeks Per Percentage Point
- 21-100% – Six Weeks Per Percentage Point
The benefit is paid out to you based on the above tiered system. This means if you receive an 11% PIR, you will get a total of 23 weeks of pay (2 weeks for each percentage 1-10, then 3 weeks for the 11th percent).
Payment Amount
Those who are permanently disabled will receive a payout that is calculated at 75% of what you were receiving through temporary disability. The temporary disability amount is typically based on your weekly salary or average earnings over a set amount of time. This means that you will not get paid out the same total amount as if you were working, but it should be enough to help you to adjust your life based on your new disability.
Continue Working
Most people who experience permanent impairment will still be able to work even after getting the settlement from workers’ compensation. For example, if you experience a serious burn at work and get a 10% PIR, you will be paid out the 20 weeks settlement. Once you have healed, however, you can likely return to work.
Fight for Your Rights
While the workers’ compensation program follows this formula when determining settlement amounts, it doesn’t always go as smoothly as it should. You need to be certain that you receive everything that you are entitled to if you are hurt while at work. If you have been injured in any way, make sure you request your assessment from Feldman Legal Group so you can take the best course of action going forward.
Aside from the above Impairment benefits, most insurance carriers at that time are ready and actually hoping to engage in settlement discussions. If you have received an impairment rating, then, you have reached MMI and are no longer eligible for temporary total (TTD) or temporary partial (TPD) disability benefits. However, you may be eligible for (PTD) permanent total disability benefits. Lastly, under Chapter 440 there is an opportunity to challenge the MMI, especially when an MD assigns a 0% IR, and then the insurance carrier cuts off all benefits because a 0% essentially means you are 100% healed and back to your pre-accident condition.
Fight For Justice, Fight for your rights under chapter 440. Call Feldman Legal Group. Let us be your advocate along the way in a Florida workers’ compensation claim.