QUESTION

Permanent total disability and 100% Permanent Impairment Benefits, does a worker get both after reaching MMI ?

Asked on Jun 27th, 2019 on Workers Compensation - Florida
More details to this question:
My husband age 63 suffered a Traumatic Brain injury in February of 2018. He has now reached MMI and has an impairment rating of 100% disabled. He can not return to any work. W/C so far has paid for everything they needed to, with no hassle. At this point, they are preparing him a settlement. My question is should it include PTD benefits and PIB? Or is it one or the other, or a combination. I understand it will be an offer not the full amount. I also know there has to be a Medicare Set-aside for future medical. Is there anything else that should factored in? (He has just been awarded SSDI this month). We live in the state of Florida. Thank you
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1 ANSWER

Admiralty and Maritime Law Attorney serving Gulf Breeze, FL at Law Offices of John W. Merting, P.A.
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I highly recommend that you go slow....you are NOT required to settle.  You can have insurance continue to pay until his death - all necessary medical, which will only go up much faster than regular inflation.....plus annual COLA benefit increases.  Insurance usually will only settle for 50 cents on the dollar and they will use a discount rate much higher than normal, then you have to pay Medicare Set Aside and attorney fees and costs out of what is left.  I have obtained many permanent total disability awards and have only settled one! He had a terminal heart condition with only less than a year to live..company was unaware, we settled for a bunch.  He had a family and zero life insurance! All others I have strongly advised against settling, even though I would have gotten a very large fee.  I have done quite a few brain injury maritime cases and almost all required full-time attendant care sooner or later and workers' comp settlement will never include that.  I would be glad to discuss this with you further at no charge.  Good luck! I am out of town, but my cell is 850-454-9584.  Text me your number and I will try to call as soon as I can.  Regards.  John W. Merting
Answered on Jul 01st, 2019 at 7:15 AM

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