Permanent Total Disability

Florida workers who suffer job-related injuries or illnesses that leave them unable to work for a living are protected by workers’ compensation insurance, which provides permanent total disability benefits.

Permanent total disability (PTD) benefits provide money that helps many disabled Florida residents support themselves and their families. Florida workers’ compensation law defines minimum and maximum PTD benefit payments, which are made weekly, and legally defined formulas determine the extent of the recipient’s disability and other factors to set the actual benefit amount.

Unfortunately, workers who have become disabled and need PTD benefits to survive may find that their employer or employer’s insurance company disputes their workers’ compensation claim. Efforts to deny a valid claim can succeed and cost a disabled worker and their family hundreds of thousands of dollars in much needed income over the years ahead.

The workers’ compensation claims lawyer at Frank M. Eidson, P.A., in Orlando doesn’t want this to happen to your family. Frank M. Eidson can help you obtain the workers’ comp benefits you deserve if an occupational injury or illness has left you disabled in Central Florida. He has been a workers’ compensation claims attorney for more than 20 years, and has helped clients obtain millions of dollars in workers’ comp settlements. He is his practice’s sole attorney, and he meets with each client to ensure that all of their individual needs are met.

Contact the law office of Frank M. Eidson, P.A., for experienced legal help with a Florida workers’ compensation permanent total disability claim in Orlando, Melbourne, Daytona Beach or elsewhere in Central Florida.

Determining Permanent Total Disability for Workers’ Compensation

Unfortunately, many Florida workers who are injured in work-related accidents or become ill because of their job find that they are unable to return to work in any capacity. Florida’s workers’ compensation system provides benefits to such people, who are determined to suffer from a permanent total disability, or PTD.

Florida workers’ compensation law says an injured employee is presumed to be permanently and totally disabled in cases of:

  • Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk;
  • Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage;
  • Severe brain or closed-head injury (traumatic brain injury, or TBI) as evidenced by:
    • Severe sensory or motor disturbances;
    • Severe communication disturbances;
    • Severe complex integrated disturbances of cerebral function;
    • Severe episodic neurological disorders; or
    • Other severe brain and closed-head injury conditions at least as severe in nature as any conditions above;
    • Second-degree or third-degree burns of 25 percent or more of the total body surface or third-degree burns of 5 percent or more to the face and hands; or
    • Total or industrial blindness.

An employer’s insurance carrier can counter a claim as outlined above if they can demonstrate that the employee can hold a job of any kind that is located within 50 miles of the worker’s residence. For injury cases that don’t fit the outline above, a claimant would demonstrate that they cannot do any job available within 50 miles of home.

PTD benefits are weekly payments that generally amount to two-thirds (2/3) of the worker’s wages prior to their injury, which are paid for the lifetime of the worker.

As you might imagine, a workers’ compensation insurance carrier is likely to be reluctant to admit that a person is permanently totally disabled and cannot return to some kind of work.

When an injured worker makes a claim for PTD benefits, a Judge of Compensation Claims (JCC) decides whether such payments will be paid.If the claimant appeals a denied claim, it goes to mediation and then Florida’s First District Court of Appeals. Each side – the disabled worker and their employer – has the opportunity at each stage to make their case for or against providing PTD benefits. With so much money at stake for lifelong payments, you can be certain the insurance company that would ultimately make the payments will go all out to counter the worker’s claim.

This is why you want an experienced Florida workers’ compensation lawyer on your side. An informed argument on your behalf, based on a case file that clearly demonstrates your injuries, can persuade the judge to make a finding that permanent total disability benefits are warranted.

Workers’ compensation claims attorney Frank M. Eidson has helped Central Florida workers obtain proper workers’ compensation benefits, including PTD benefits, for more than 24 years. His firm, Frank M. Eidson, P.A., has a network of consulting medical experts who help ensure that workers’ compensation claim clients are properly examined and their records accurately portray their injuries and prospects for recovery or disability. With this information, Frank M. Eidson protects clients’ rights to ensure they get fair and proper workers’ compensation hearings.

Contact Our Workers’ Compensation Total Disability Attorney

If a family member of yours has suffered a work-related injury or illness that has left them with a permanent total disability, the Orlando law office of Frank M. Eidson, P.A., can help see to it that you get the workers’ compensation benefits that you and your family deserve. We can help you develop a workers’ compensation claim for PTD benefits that is accurate and complete, and make sure that it is presented convincingly before a Judge of Compensation Claims (JCC) or Florida’s First District Court of Appeals.

Frank M. Eidson has successfully pursued workers’ compensation claims, including claims for PTD benefits, for injured workers in Central Florida for the past 24 years. Heis his practice’s sole lawyer, which means clients of Frank M. Eidson, P.A., quickly come to know him and learn that they can trust the attorney who is handling their workers’ compensation claim.

Please contact Frank M. Eidson, P.A., for the experienced Florida workers’ compensation claims assistance you and your family need. Experience counts when dealing with government benefits programs, particularly when as much is at stake as it is with permanent total disability benefits. With Frank M. Eidson on your side, you have that experience. Call us today.