After a compensable work injury, there are three kinds of benefits that an individual can recover. These include permanent impairment benefits, medical treatment, and income benefits. Each type has different criteria and addresses different losses that a person may suffering following a work accident or long-term use injury.
However, many injured employees do not fully understand what they are entitled to, and employers and insurance companies will not voluntarily provide all available forms of recovery. If you were injured while on the job, speak with a dedicated attorney at Smith Hulsey. Our knowledgeable legal team could walk you through the types of workers’ compensation benefits in Gainesville and help pursue what you are entitled to.
Within the category of disability benefits, a person’s workers’ compensation amount depends on the scope of their injuries. The American Medical Association (AMA) establishes guidelines for permanent impairment ratings. In Gainesville, a worker will be eligible for different amounts of disability benefits depending on factors such as range of motion and which body parts are injured.
Based on the AMA rating, a well-practiced attorney could determine the amount of permanent partial disability (PPD) benefits a Gainesville employee is eligible to receive. This calculation takes into account their impairment rating as well as another kind of workers’ compensation benefit known as temporary total disability (TDD).
Temporary total disability benefits are recoverable if an employee is either totally disabled after an accident or if they are limited in ways that the employer is not able to accommodate. An injured worker in Gainesville will be eligible for TDD benefits as long as their disability lasts. Importantly, benefits for permanent impairment are capped at $675, regardless of the person’s income.
After a work-related accident, the employer must pay for any and all reasonable and necessary medical treatment for their injured employee. This includes providing a panel of physicians as options for the worker. If a claim is not deemed catastrophic, the injured person can receive medical benefits for up to 400 weeks.
However, certain injuries may be severe enough to prevent a person from finding suitable employment. These types of catastrophic claims are usually brought for brain injuries, amputations, or serious spinal cord damage. If there are no suitable jobs in the national economy that a disabled person can perform, their case may be deemed catastrophic.
In this scenario, there is no cap on the amount of future medical treatment or income benefits that they can receive. An experienced lawyer in the community could further advise on how a specific injury would be classified regarding medical workers’ comp benefits.
Under the Workers’ Compensation Act, an employee is entitled to income benefits that, similar to medical treatment, can last for up to 400 weeks. The amount that an injured person is eligible for depends on their workers’ compensation rate, or two-thirds of their average weekly pay. To calculate this number, our skilled attorneys take the average of a Gainesville employee’s wages during the 13 weeks before their injury.
It is important to note that this amount is also capped at $675 per week, except in catastrophic cases. If severe work-related disabilities prevent a Gainesville resident from making future earnings, a seasoned lawyer could help calculate projected income needs as well as medical care.
Most injured employees do not have a legal background in workers’ compensation law and may not understand all the available resources. This is where our legal team comes in. At Smith Hulsey, our lawyers are prepared to explain what types of workers’ compensation benefits in Gainesville you may be eligible for and how to obtain them.
If you were injured on the job, we could show you how to navigate the legal system, answer any questions you may have, and fight on your behalf for the benefits you are entitled to. Call today for a free consultation about your circumstances.
Smith Hulsey Law