Workers Comp Permanent Disability Claim...

by Laurie
(Ft Lauderdale, FL)

My husband fell at work and broke his kneecap. After two operations he was told he has a permanent disability. He consulted with unemployment and it was determined there are no jobs that he is qualified for. We went to a lawyer and it has been over a year and we are getting the run around regarding a settlement.

How long does it usually take to settle a workers comp permanent disability claim in the state of Florida for someone who is over 60 years old? Thanks.

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ANSWER for "Workers Comp Permanent Disability Claim...":

Laurie:

From the facts you present it appears your husband’s chances of recovery have not been jeopardized because 2 years have not elapsed since his injury. Florida’s Statute of Limitations, or time requirement, requires that a petition for benefits must be filed within two years of the date of injury.

The delay in settlement may be due to a couple of factors. It may be due to a backlog of cases either at your attorney’s office or with the Workmans Compensation insurance company. It's more likely the delay is a result of the insurance company exercising its legal right to have your husband’s claim reviewed for an “employment reassessment.”

The reemployment assessment is the insurance company’s way of withholding any settlement funds pursuant to a permanent disability claim. In other word’s the insurance company may want to have your husband’s condition reassessed to see if he is able to perform other work, thereby mitigating the permanent disability classification.

The controlling statute is as follows:

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2010 Florida Statutes including Special Session A Title XXXI

PERMANENT DISABILITY.—The judge of compensation claims may not adjudicate an injured employee as permanently and totally disabled until or unless the carrier is given the opportunity to provide a reemployment assessment.

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Your husband's age is not a determining factor in the amount, type or time of disability settlement. Under Florida Workman's Compensation Statutes there are no age references for men 60 years of age or older.

We suggest you visit with your attorney to see if any of the above factors are the reason(s) for the delay in a final settlement.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy