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Workers Compensation Legal Terms

IImpairment Income Benefits
Funds available for award to the employee after the employee has reached a point of overall maximum medical improvement. Impairment income benefits may be paid biweekly installments. Impairment income benefits are paid based on the percentage of impairment assigned by the authorized treating workers’ compensation physician. The impairment rating must be based on Florida Impairment Uniform Rating Schedule. Impairment income benefits are paid at the rate of 75% of the employee’s average weekly temporary total disability benefit unless the injured worker is employed at a wage equal to or greater than the employee’s average weekly wage. If the injured worker is employed at a wage equal to or greater than the average weekly wage at the time of reaching maximum medical improvement (MMI) then the impairment income benefits are paid at a rate of 50% of the average weekly temporary disability benefit. For accidents occurring on or after October 1, 2003 the employee is entitled to two weeks for each percentage of impairment up to 10%; 3 weeks of impairment income benefits for each percentage of impairment from 11%-15%; Four weeks of impairment income benefits for each percentage of impairment from 16% -20%; and six weeks of impairment income benefits for each percentage point of impairment from 21% and higher.
SSafety Violations
Violations of workplace safety standards established by the federal Department of Labor, specifically detailed and updated by the Occupational Safety and Health Act or OSHA. The safety standards vary by industry, equipment, and potential exposure to dangerous situations and products.
Statute of Limitations
In common law, the law that details the maximum period of time that legal proceedings may be enacted after certain events. The statute of limitations will vary by the event and by state and country. In civil law, these legally maximum periods of time to begin legal proceedings are referred to as “periods of prescription”. The Statute of Limitations in a State of Florida Workers’ Compensation Claim in most cases is two years from the date of injury and/or one year from the date the injured worker last received medical treatment from an authorized workers’ compensation physician. There are some exceptions to this rule and you should contact a Workers’ Compensation Attorney for more information or the Employee Assistance Office.
Structured Settlement
An agreement for the financial settlement of a lawsuit to be paid out in installments rather than in a lump sum. Structured settlements usually result from large settlements and are often created through the purchase of annuities. The payments can be structured in any way the parties choose (monthly, yearly, quarterly, etc.). Structured settlements are common in large recovery cases, often in anticipation of long-term financial and health care costs.
TTemporary Total Disability
A continuation of wages offered for employees unable to work following a worker’s compensation claim as determined in most cases by the authorized treating workers’ compensation physician. Employees Will receive 66 2/3 percent of their average weekly wage up to the maximum compensation rate for the accident year while off work. An injured worker is entitled to receive 104 weeks of either temporary total or temporary partial disability benefits, or both combined.