What happens when a construction worker in Florida suffers a permanent total disability?
Ludlam, FL—When a construction worker’s injuries are severe enough to the point where they interfere with their ability to work, they may be entitled to receive total disability benefits. Benefits generally include 66.67% of the average weekly wages a worker was earning prior to their work accident. These benefits may be provided on a weekly or bi-weekly basis depending on how the insurer issues them.
If an employee is capable of performing seated work at his/her place of employment that is located within a 50-mile radius of their residence, they are not entitled to receive permanent total disability benefits.
What types of injuries would classify a person as being permanently and totally disabled?
According to Florida Statute § 440.15, the following types of injuries would result in a construction worker being classified as having sustained a permanent and total disability:
- Spinal cord injury. This includes injuries that result in an arm, leg, or trunk becoming severely paralyzed.
- Having an arm, foot, leg, or hand amputated.
- A “severe communication disturbance.”
- Episodic neurological disorder
- Communication disturbance
- Second or third-degree burns that affect 25% or more of the body surface.
- Third-degree burn that affects 5% or more of a person’s face or hands.
- Motor or sensory disturbance
- Industrial blindness
How long can an injured employee in Florida receive permanent total disability benefits for?
If an individual suffered a permanent total disability as a result of a construction work accident that occurred in Ludlam, FL, they are entitled to collect total disability benefits up until they reach the age of 75. If an employee is unable to collect social security benefits due to their lack of contribution as a result of missing time from work, benefits may continue.
If a worker who is age 70 or older suffered a permanent total disability, benefits are only payable for a maximum of five years. In the event an employee is able to resume their duties or engage in sedentary work, they may no longer qualify to receive permanent total disability benefits.
What can a Ludlam, FL construction injury lawyer do for a worker who suffered a permanent total disability?
The Ludlam, FL workers’ compensation lawyers at Mario Trespalacios P.A. have a great deal of experience with handling construction injury cases. They are aware of the benefits that should be offered and the timeframe for which they should be issued.
If an individual suffered an injury in a construction accident, the Ludlam workers’ comp lawyers at Mario Trespalacios P.A. will help them get their claim filed and monitor benefits to ensure they are for the right amount and issued within a timely manner.
To connect with a skilled workers’ compensation attorney in Ludlam, FL, call 305-261-5800.
Mario Trespalacios P.A. can be contacted at:
9495 SW 72 Street, Suite B-275
Miami, FL 33173
Phone: 305-261-5800
Website: www.mtpalegal.com
