A catastrophic injury is a life-altering condition that results in serious, lifelong impairment. Florida’s workers’ compensation program can help you cover medical expenses, lost income, and other losses following a catastrophic injury on the job.
At Rosenberg & Rosenberg, we know a catastrophic injury alters every aspect of your life in fundamental ways. We can help you seek workers’ comp benefits for your injuries and file an appeal if your claim was denied. Reach out to our Florida workers’ compensation lawyers to discuss your options during a free consultation.
Florida Statutes § 960.03 defines catastrophic injuries as a “permanent impairment” that is severe enough to qualify the injured person for benefits through Social Security. Specific injuries designated catastrophic under Florida law include but are not limited to paralysis, amputation, severe brain injury, extensive burns, and blindness.
An injured employee could recover workers’ compensation for catastrophic injuries in Florida in the following circumstances:
A workplace spinal cord injury that causes severe paralysis of an arm, leg, or the trunk of the body is considered catastrophic in Florida. Such injuries may occur when the victim falls from a height or is struck by a moving or falling object. Equipment and motor vehicle accidents in the workplace can also lead to spinal cord damage.
The Occupational Safety and Health Administration (OSHA) reports that 25 Florida workers suffered severe spine and spinal cord injuries, mostly as a result of falls, in 2022. If you suffered a workplace back injury, you may have grounds to pursue compensation through workers’ comp. Our attorneys in Florida can help you navigate the process and recover the benefits you need.
Loss of any major limb or extremity, including a hand, foot, arm, or leg in a workplace accident is catastrophic. Such injuries often occur in construction, agriculture, and factory industries where workers are in close proximity with heavy equipment and large objects. Crushing injuries and severe lacerations can lead to the loss of a body part.
Speak with the workers’ compensation lawyers at Rosenberg & Rosenberg today to learn which benefits you could seek for a workplace amputation injury.
Damage to the brain, also called traumatic brain injury (TBI), can present in many ways. Generally, a head injury is considered catastrophic if it creates severe issues with:
The Centers for Disease Control and Prevention (CDC) reports that most moderate to severe TBIs result from intentional violence. For example, if you get into a dispute with a coworker who shoots you in the head, you may be entitled to workers’ comp. Falls and motor vehicle accidents are also common causes, so employees who work at heights or who drive a lot may be at particular risk.
The extent and severity of your brain or closed-head injury will determine whether your injury is considered catastrophic under Florida workers’ compensation laws.
Crush injuries arise in workplaces where employees work with heavy equipment. Workers can get caught in machinery, run over by heavy vehicles, or caught between large objects. Crushing injuries are especially dangerous because the bones and tissues in the affected area may be difficult or impossible to heal.
Depending on the location of the crushing injury, the worker could lose blood flow to their extremities, resulting in amputation and limb loss. Crushing injuries to the torso can cause organ damage, spinal cord damage, and paralysis.
The workers’ compensation process begins when you report your injury to your employer. You typically have 30 days to report the injury, but you benefit from notifying your employer as soon as possible. Seek immediate medical treatment through emergency services. Once you are stable and recovering, continue your medical treatment through an approved medical provider.
Rosenberg & Rosenberg’s workers’ compensation attorneys in Florida can help you:
We can also keep an eye on your claim to make sure your employer files it on time. If your claim is denied, we are prepared to help you through the workers’ compensation appeal process, up to and including going to trial if necessary.
If you sustained a severe, life-altering injury in the course of your work duties, you may be eligible for workers’ compensation benefits. Direct employees of eligible companies can file a claim—or ask their employers to file a claim—for workers’ compensation benefits, including:
Medical expenses can mount rapidly after a work-related catastrophic injury. Workers’ compensation covers all medical treatment related to a workplace injury, per Florida Statutes § 440.13(2)(a). Such costs may include:
Florida law requires workers to seek medical treatment from an authorized medical professional. Additionally, the types of medical expenses you could recover will vary widely depending on the type of injury and its severity. Rosenberg & Rosenberg’s compassionate workers’ comp attorneys in Florida can help you establish which treatments are medically necessary for your wellbeing.
Workers’ compensation in Florida allows injured employees to recover a portion of their lost income. Typically, you can receive up to two-thirds of your average weekly wage, as established under Florida Statutes § 440.14. These calculations can be extremely complex, so you can benefit from working with our Florida workers’ compensation lawyers. We can help you seek all of the money you are eligible for.
By definition, catastrophic injuries lead to long-term disability, meaning that you could qualify for permanent disability benefits–this includes benefits for both partial and total disabilities—and vocational training.
The amount you can receive for permanent disability and impairment is based on impairment ratings established by the American Medical Association (AMA). Additionally, mental injuries caused by a catastrophic injury may also be covered by disability benefits under certain circumstances.
Disability claims require extensive medical documentation, an independent medical examination, and comprehensive assessments of your impairments and associated losses. Rosenberg & Rosenberg can help you understand the requirements and assist you with gathering the necessary information to support your case.
Sadly, some workplace injuries are fatal. If you lost a loved one to a catastrophic work injury, we could help you determine whether you qualify for death benefits through workers’ compensation in Florida.
Compensation for the death of an employee due to work-related injuries or illness can cover funeral expenses, income replacement, and educational benefits. Typically, the only parties eligible for death benefits are the deceased person’s surviving spouse and/or children, per Florida Statutes § 440.16. If you are not eligible for workers’ comp death benefits, you may have grounds to pursue a wrongful death lawsuit.
Florida’s workers’ compensation laws require most employers with more than four employees to carry workers’ comp coverage. However, certain occupations and industries do not qualify for workers’ comp. Additionally, Florida law places some exemptions on workers’ comp eligibility based on the circumstances of the injury and pre-existing conditions.
Check with our workers’ compensation lawyers in Florida to find out if you qualify. If you are not eligible for workers’ compensation benefits, you may still have grounds to pursue compensation through a personal injury lawsuit against a third party or even your employer.
If you or a loved one sustained a serious injury while working, you could recover workers’ compensation for catastrophic injuries in Florida. Rosenberg & Rosenberg has been helping injured individuals and their families for more than 50 years. We have won significant workers’ comp settlements on behalf of our clients. Let us leverage our extensive experience, knowledge, and resources to fight for the benefits you deserve.
Contact us today for a free consultation. We will listen and understand your case and help you make an educated decision about your next steps. If we take your case, you will receive attentive representation from a personal legal team, which will include one of our partners. We will take no payment up front for our services. Rather, we wait to recover our fees from the final settlement when we win your case.
