How Much Is My Workers’ Compensation Claim Worth in Florida?

Were you recently injured at work, or did you fall ill due to a work-related incident? If so, then you may be eligible for personal injury compensation. All you have to do is file a workers’ compensation claim with Florida’s Department of Financial Services (DFS), Division of Workers’ Compensation, and you’ll get the payout you deserve.

The same goes for past injuries or illnesses. However, it’s worth noting that Florida statute of limitations has changed. Workers now only have two years (down from four years) to file a personal injury claim.

That said, it’s only natural to be curious about how much your workers’ compensation claim may be worth. A rough estimate helps you plan your finances and prepare for the next steps. Keep reading to find out how much your Florida personal injury claim may be worth.

Florida Personal Injury Fundamentals

It’s a good idea to get acquainted with the basics of Florida’s personal injury law before getting into the more complex aspects. As such, keep the following in mind.

• Florida is a no-fault auto accident state: This means that if you’re involved in an auto accident with the company car, both your employer’s and the other party’s insurance companies will cover medical expenses regardless of whose fault it was.
• The statute of limitations: As mentioned, injured workers have two years from the date of injury/illness to file a workers’ compensation claim. Claims filed past this deadline are null and void.
• Modified comparative negligence: According to chapter 768, section 81 of the Florida Statutes, Florida adopts a modified comparative negligence rule for personal injury cases. You will receive a reduced settlement if you were partly responsible for the injury-causing incident. The court reduces your settlement to match your percentage of fault. If you were 30% at fault, you’d receive 70% (100%-30%) of the settlement amount.

What Is the Average Workers’ Comp Settlement in Florida

It’s hard to determine exactly how much you qualify for in workers’ compensation, given the unique circumstances and scenarios of each case. That said, a lot of factors affect the settlement amount, including:

• The type and severity of the injury/illness
• Medical expenses and related costs
• Extent of property damage
• Degree of pain and suffering
• Evidence showing negligence and liability

That said, you can expect a settlement of between a couple of thousand to millions of dollars, depending on the factors we’ve talked about. It’s also a good idea to talk to a legal professional so you can get a more accurate estimate of your damages.

Types of Damages in a Personal Injury Claim

Courts award damages as monetary compensation to victims for injuries or losses inflicted by another party. You might be able to claim different kinds of damages depending on the specific facts of your workplace injury or illness. That said, Florida’s legal system recognizes the following types of damages.

Economic Damages

Economic damages refer to tangible losses that you can calculate with ease. Some of the most common economic damages in personal injury cases include:

• Medical expenses (ER visits, surgery costs, prescription medication, etc.)
• Property damage
• Lost wages
• Loss of earning capacity
• Funeral and burial costs
• Out-of-pocket expenses (transportation, home modifications, caregiver salary)

Non-Economic Damages

Non-economic damages lack a specific monetary value since they represent abstract losses. These losses remain abstract because they reflect the psychological and emotional suffering of the victim. You can expect the following non-economic damages in your worker’s comp case:

• Pain and suffering: This is compensation for the physical pain you experienced during and after the work-related accident.
• Emotional distress: This is compensation for the psychological impact of the accident. Examples of emotional distress include mental conditions like anxiety, depression, and even suicidal thoughts.
• Loss of enjoyment of life: Work-related injuries and illnesses can diminish your quality of life. Loss of enjoyment of life compensates you for the negative changes to how you live daily.
• Loss of consortium: Sometimes, debilitating injuries may ruin relationships with friends, family, and romantic partners. Loss of consortium is a payout for these lost relationships and companionship.
• Disfigurement: Scars, burns, and bruises can affect how you look and compromise your self-esteem. Disfigurement damages compensate for the emotional and psychological consequences these permanent alterations have on your body.

Punitive Damages

You could receive punitive damages from the court for cases involving extreme employer negligence or deliberate malicious behavior. The purpose of these damages is to punish your employer because they engaged in reckless behavior. Punitive damages are quite rare in personal injury cases but may still apply to your situation.

A great example is if your employer chose not to disclose the risks of working in certain environments, and you fell ill due to those conditions. This is good cause for the court to award your punitive damages. Punitive damages are capped at three times the compensatory damages (economic plus non-economic damages) or $500,000.

Burden of Proof for Workers’ Comp Damages

The burden of proof means, as the victim, it is your responsibility to prove your allegations. Florida follows the “preponderance of evidence” standard for civil cases under Florida Standard Jury Instruction (Civil) 401.3. This means that you must show that your employer was more likely to be responsible for your injury/illness than not. However, this standard only applies to economic and non-economic damages.

For punitive damages, you must present “clear and convincing evidence” that your employer was outrightly reckless or had malicious intent. This is a higher standard than the preponderance of evidence and usually requires thorough investigation and skilled legal representation.

Compensation Is Your Legal Right

Florida law protects the rights of all workers to a safe and conducive work environment. In fact, Florida’s Workers’ Compensation Bureau receives about 12,000 workers’ comp claims yearly. 

So, don’t hesitate to file your workers’ comp claim should you get injured at work in circumstances that were no fault of your own. Remember, you only have two years to do so, or your claim will be barred under the state’s statute of limitations.

Lastly, don’t forget to hire a skilled and experienced lawyer to help you through the claims process. Doing so improves your chances of receiving fair compensation and is a surefire way to handle shady insurance companies.