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Workers' Compensation

 Introduction
 Definitions
 Benefits under the 1994 Florida Workers' Compensation Act
 Frequently Asked Questions
 Overview of Denied Claim Procedure
 Conclusion

I. INTRODUCTION
Being injured at work is annoying. We have found that injured workers have become confused about the workers' compensation system because they are uncertain as to their rights under the system in Florida.
It is important that injured workers be made aware of what he/she can expect after being injured at work. It is our goal as your lawyers to ease some of the frustration and stress an injured worker suffers.
It is important to know that the Workers' Compensation Law has been modified and amended by the Florida Legislature many times. We encourage pre-1994 injured workers to contact our office if they have any questions regarding their rights and responsibilities under the specific Law that governs their injury date.

II. DEFINITIONS

Authorized Treating Physician
No health care provider can render service to an injured employee (except for in emergency care situations) without prior authorization from the employer or workers' compensation insurance carrier. Further, a health care provider may not refer the employee to another health care provider, diagnostic facility, therapy center, or other facility without prior authorization from the carrier, except when emergency care is rendered.

Average Weekly Wage (AWW)
The wages of the injured employee at the time of the injury used to calculate payments for lost wages. It is the average weekly wage earned by the injured worker during the 13 week period before the injury.

Concurrent Employment
Any job the injured worker was employed at the time of the accident, other than the job where the actual injury occurred. The wages earned from concurrent employment is factored in for calculations of the Average Weekly Wage.

Compensation Rate (Comp Rate)
66 2/3% of the AWW up to a maximum benefit which is determined by the Division of Workers Compensation.

Employee
Any person engaged in employment under an appointment or contract of hire, express or implied, oral or written. This includes minors and aliens, whether lawfully or unlawfully employed. However, it does not include independent contractors.

Impairment Rating
A percentage which represents the extent a work related injury has permanently impaired the injured worker to his/her body as a whole.

Impairment Benefits
Benefits which begin the day after the injured worker reaches Maximum Medical Improvement (MMI) or is no longer entitled to temporary benefits. These benefits are to be paid weekly at a rate of 50% of the AWW. The duration of these benefits depends on the injured employer's impairment rating. For each percentage point of impairment, the injured employee reaches three weeks of impairment benefits.

Independent Medical Examination (IME)
An objective evaluation of the injured employee's medical condition, including, but not limited to, impairment or work status, performed by a physician at the request of a party, a judge of compensation claims, or the Division to assist in the resolution of a dispute arising under the Florida Workers' Compensation Statute.

Maximum Medical Improvement (MMI)
The date after which further recovery from, or lasting improvement to, an injury or disease can no longer reasonably anticipated, based on a reasonable degree of medical certainty. It is the time when the treating physician(s) believes the injured worker has recovered as much as he/she is going to. When you reach MMI, we will then write to your treating doctor and request your impairment rating as well as an estimate of your future medical care expenses. Once we have a response, we will then be able to prepare a settlement proposal to submit to your workers' compensation carrier for a total lump sum settlement of your claim.

Notice of Injury
Document that must be completed after a work related injury. The injured employee is required to advise the employer of the injury within 30 days after the date of the injury. Within 7 days after actual knowledge of injury, the employer shall report such injury to its carrier on a Notice of Injury form and provide a copy of the completed Notice of Injury to the employee.

Petition for Benefits
A form that is served by certified mail upon the employer, the employer's carrier and the Division in Tallahassee when any employee has not received a benefit to which he believes his is entitled under the Florida Workers' Compensation statute.

Permanent Total Disability (PTD)
When an employee is unable to return to gainful employment as a direct result of the work related injury.

Temporary Partial Disability (TPD)
A disability that temporarily prevents an injured working from performing his/her normal job duties.

Temporary Total Disability (TTD)
A disability that completely prevents an injured from returning to work for a temporary time period.

  
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