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Worker’s Compensation Settlements in Florida

Injured Employee Visiting Lawyer For Advice On Insurance

Under Florida law, workers’ compensation settlements are voluntary. Neither the injured worker, commonly referred to as the claimant, nor the insurance carrier can force the other side to settle. Both parties have to be willing to discuss settlement and both sides have to agree upon an amount. If the two sides cannot agree on a monetary amount, then the case remains open, and the carrier is still required to provide benefits. The Judge of Compensation does not have the authority to order the claimant to accept a certain amount or order the carrier to pay a certain amount. This is unlike personal injury cases where if the two sides cannot come to an agreement on the settlement amount, the case is decided by either a Judge or jury.

Although the parties most frequently discuss settlement at mediation, settlements can occur at any point in the case. There is no exact formula for calculating a settlement. The carrier estimates the cost that they will pay out in benefits from that point forward if it does not settle. The claimant does the same by estimating the amount he would receive in lost wage and medical benefits from that point forward if it does not settle.

The process of negotiation starts with the claimant first formulating an initial settlement demand. There is an art as to how much to demand as you want to begin with a number that is high enough to get the carrier’s best number but not so high as to discourage them. Once the initial demand is submitted, the carrier makes an initial offer in response. Neither side expects the other to accept the initial demand or the initial offer. Once the carrier makes its initial offer, the claimant then has to counter with a demand less than the initial demand. The parties then go back and forth until a point where the claimant indicates that he is not comfortable going down any further and the carrier indicates that they are not comfortable going up any further. Hopefully at that point the parties have narrowed the gap enough to possibly meet somewhere in the middle.

Once the case has settled, it usually takes about four weeks to finalize the settlement. The carrier’s attorney will draft settlement documents formalizing the settlement terms which usually takes about a week. The claimant then signs the settlement documents and returns them to opposing counsel. The carrier’s attorney then files the settlement documents with the Judge of Compensation Claims. Once the Judge approves the settlement, the carrier has 14 days to forward the settlement check.

If you have been injured in a work-related accident and are in the process of trying to settle your claim, please contact us and we can help! Call our office on (941) 748-5599 to schedule a free consultation. We offer consultations in-person or virtually.

Vanessa Castro Viera
Vanessa Castro Viera
November 3, 2023
I had the privilege of working with Kelli Martinez as my personal injury attorney, and I can't express enough how grateful I am for her exceptional guidance and support throughout the entire process. From the moment I first contacted her to the conclusion of my case, Kelli demonstrated an unwavering commitment to ensuring my rights were protected and that I received the compensation I deserved. I highly recommend her to anyone seeking legal representation for personal injury cases.
Jen Wiradilaga (SWFL Horses)
Jen Wiradilaga (SWFL Horses)
October 19, 2023
I am so pleased with the service and care Mr. Murphy has shown. Always has time for a phone call , emailed questions are answered so quickly , it is refreshing. I had guidance every step of the way. My Case was settled quickly and effectively. Everyone that is in this off is is exceptional! Thank you so much
amanda reese
amanda reese
October 17, 2023
Mr. Murphy and his team were amazing to work with. In a stressful situation they were on top of making sure I understood my options and walking me through the process when I’d stress out. He fought to make sure I was fairly treated and not just another person swept under the rug and forgot about. I highly recommend him if you ever need and hope to have a timely resolution and team that is top notch.
Ana Maria Araujo
Ana Maria Araujo
October 12, 2023
I am very grateful to Ed Murphy for accepting my case against work compensation, otherwise I wouldn't have had another doctor for a second examination and I would have been at home without being able to work again. I am thankful for all the work Ed and his assistant Jessica have done in my case. I am very happy with the service, every time I called I was treated very nicely by the front desk staff, Kelly. Thanks
Carlene Overacker
Carlene Overacker
October 6, 2023
I highly recommend Mr. Murphy. He immediately responded to the issues I was having with my workers compensation case. He reached out to me in a timely manner. I was always able to get ahold of him via the phone and emails. I never felt rushed in our meetings and conversations. He was professional and courteous. I am very satisfied how quickly I received my settlement.
Erica Aghoian
Erica Aghoian
September 22, 2023
I highly recommend contacting Ed Murphy with your worker's compensation case. From day one he took the time to explain all aspects of the case, listened to my questions and concerns, and kept me up-to-date as the case progressed. I believe he was able to achieve the best possible outcome with my case, and I couldn't be happier to have worked with him. I had never hired an attorney before, but he immediately put me at ease and had my trust. Great experience from start to finish!
Patricia Lara
Patricia Lara
September 12, 2023
I can't say enough how much help Ed Murphy was during such a difficult situation. From day one he was understanding and made us feel at ease. He helped us achieve the most positive out come in our law suit with workers comp. If you ever need assistance I highly recommend contacting Ed Murphy!
Trust Cleaning Inc
Trust Cleaning Inc
August 15, 2023
This message is for anyone who needs a good lawyer, I recommend Ed Murphy because he is a professional and patient person, he fights until the end of his case or any type of case, I recommend him to everyone 100% . there is no other attorney like ed murphy i just have to say thank you so much for helping me with my accident case.

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