When Should You Settle Your Florida Workers' Comp Claim?

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When Should You Settle Your Florida Workers' Comp Claim?

October 14, 2020

If you were injured in a Florida workplace accident, you are entitled to pursue compensation through your employer’s workers’ compensation insurance provider. When you are successful with your Florida workers’ compensation claim, there may come a time where you have to decide if the choice that is best for you is to accept a settlement. For the majority of Florida workplace injury accidents, victims tend to choose a settlement. There are pros and cons to settling and depending on your case a settlement could or could not be the right choice. Your Florida workers’ compensation attorney can advise you on your best options so that you make the right choice for your situation.

When is it Time to Settle Your Florida Workers’ Compensation Claim?

When Should You Settle Your Florida Workers' Comp ClaimIf you have decided to settle your Florida workers’ compensation claim, this is a big decision and the timing must be just right to maximize the amount that you obtain. In the state of Florida, Florida workers’ compensation laws dictate when you can accept a settlement. When you do accept a settlement, it is important to know that you are releasing the insurance company of any further liability for your damages. So if you will be needing more long-term medical treatment, a settlement before you have fully healed may not be the best option. There is no law saying that a victim of a Florida workplace accident must work with an attorney, but it tends to be more beneficial for victims to choose this option.

Florida’s workers’ compensation laws say that if you are pursuing benefits without the support of a Florida workers’ compensation attorney, then you are not allowed to sign a lump-sum settlement agreement unless the following are true:

  1. Your claim was unjustly denied by the insurance company and you took your case to court. At court, a judge found that your claim was legitimate and you were due compensation.
  2. You have healed enough to where you aren’t going to improve any further from your injury accident, or what is known as reaching your maximum medical improvement. 

For injured employees in Florida that have decided to work with an attorney, you have more freedom to sign a lump-sum agreement when you want to. You can choose this option at any time and release the insurance company from liability while you collect your settlement. Typically though, even with an attorney, it is best to at least ensure you are at your MMI before you settle your case and take the money. This is especially so if you will be accepting your settlement with a full release of liability.

Speak to a Florida Workers’ Compensation Attorney Today

There is a lot to consider when you are pursuing benefits from a Florida workers’ compensation claim. If you have questions or want experienced legal advice on what your most optimal options are for the best and most fair outcome, please call Stephen M. Andrews. Stephen M. Andrews is a Tallahassee workers’ compensation lawyer who is here to help you with your case. Schedule your free consultation today with Stephen M. Andrews, a talented Florida workers’ comp and SSDI attorney at (850) 906-9599.

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