Workers' Comp Settlements in Florida

Yes. A claim can be settled for a lump sum that releases the employer and insurer from future medical, compensation and other benefits. If the injured worker has a lawyer, the worker may sign a settlement agreement giving up all benefits in exchange for a lump sum; a Judge of Compensation Claims must approve that settlement only as to the attorney's fees the worker pays. If the worker has no lawyer, the parties must file a joint petition and a Judge of Compensation Claims must approve the lump sum; this is allowed at any time after the worker reaches maximum medical improvement, or earlier if the employer or insurer denied the claim in writing within 120 days and the judge finds a real dispute. Approved settlements generally cannot be reopened or modified later.

Temporary total disability benefits are limited to 104 weeks, and temporary partial disability benefits are also limited to 104 weeks under the same provisions (subject to the exceptions listed in the statute). Impairment income benefits after maximum medical improvement last a set number of weeks based on the impairment rating: 2 weeks per percentage point from 1% to 10%, 3 weeks per point from 11% to 15%, 4 weeks per point from 16% to 20%, and 6 weeks per point for 21% and above. Permanent total disability benefits stop when the employee reaches age 75 (unless the injury kept the worker from earning enough work quarters to qualify for Social Security); if the injury occurs after the employee reaches age 70, they are payable for no more than 5 years after the permanent total disability determination.

In Florida no attorney's fee may be paid for a workers' comp claimant unless approved by the judge of compensation claims or the court. The approved fee equals 20% of the first $5,000 of benefits secured, 15% of the next $5,000, 10% of the remaining benefits to be provided during the first 10 years after the claim is filed, and 5% of benefits secured after 10 years. Free help: the Division of Workers' Compensation's Bureau of Employee Assistance and Ombudsman Office answers questions and helps resolve claim problems at no cost ((800) 342-1741).