Can a Tampa Workers’ Compensation Lawyer Help Increase My Settlement Amount?
Yes. A Tampa workers’ compensation lawyer may be able to increase the amount you receive by finding unpaid benefits, correcting errors, documenting future medical needs, and negotiating a settlement that better reflects your claim. If you need help with your workers’ compensation claim, get in touch with Rooth Law Firm today. Our board-certified workers’ compensation attorney in Florida can review your medical records, wage information, benefit payments, and settlement offer before you agree to anything.
Your Settlement Should Account for Benefits You May Give Up
A workers’ compensation settlement can end your right to receive certain benefits in the future. Under Fla. Stat. § 440.20, a settlement may release the employer or insurance carrier from future compensation or medical obligations. That means you should compare the proposed amount with the benefits and medical care you may still need. For a Tampa worker with a serious leg injury, for instance, future injections, surgery, therapy, or other treatment could affect the value of a settlement.
Your Medical Needs Can Affect Your Workers’ Compensation Settlement Amount
Your settlement should account for your current condition and expected medical care. Our Florida workers’ compensation lawyer can assess:
- Whether you have reached maximum medical improvement
- Your permanent impairment rating
- Future treatment or surgery
- Prescription and other medical costs
- Permanent work restrictions
Florida workers’ compensation also provides impairment benefits when an authorized doctor finds permanent impairment after maximum medical improvement. The medical evidence can therefore affect the benefits available in your claim.
Your Lost Wages Should Be Carefully Reviewed
Our workers' compensation attorney can also check whether your indemnity benefits were calculated correctly. This may include reviewing your average weekly wage, temporary total or temporary partial disability payments, and impairment income benefits. If you can return to work but can no longer perform the same duties, your permanent work restrictions and reduced earning ability should also be considered before settling, since your temporary disability benefits generally end once you reach maximum medical improvement.
Our Florida Workers’ Compensation Lawyer Can Challenge a Low Settlement Offer
You are not required to accept the insurance company's first settlement proposal. Insurers have a financial reason to resolve claims for as little as they reasonably can, so an offer may not fully account for your medical treatment, lost income, permanent limitations, or future care.
Our workers’ compensation attorney can review the offer, find benefits or losses that may have been left out, and use your medical and employment records to support a higher demand. They can also handle negotiations with the insurance company, so you don’t have to face the carrier alone or agree to terms you don’t fully understand. The focus should be on whether the settlement adequately accounts for the benefits you are giving up, not simply on closing the claim quickly.
Florida Limits Workers’ Compensation Attorney Fees
Hiring a lawyer doesn’t mean the attorney can charge any fee they choose. Fla. Stat. § 440.34 sets limits on workers’ compensation attorney fees and generally requires approval by a judge of compensation claims. Our workers’ comp lawyer can explain the proposed fee and how it would affect the amount you receive from the settlement.
Have Our Florida Workers’ Compensation Attorney Review the Settlement Before You Sign
Once you settle certain workers’ compensation benefits, you may give up the right to receive those benefits later. That can become a serious problem if you discover that you need additional treatment or can’t return to your old job. For your free initial case evaluation, contact Rooth Law Firm online or call our office. Our workers’ compensation lawyer can review what the offer includes, what benefits you may be giving up, and whether your medical and wage records support seeking a different amount.