What is an impairment rating and how does it affect a workers’ compensation case in Florida?
Virginia Gardens, FL—When a construction worker sustains an injury at work, an authorized treating physician will assess their condition and determine if they suffered an impairment. An impairment is defined as “a loss, loss of use or derangement of any body part, organ system or organ function.”1
If a construction worker injured their hand in a work-related accident and that injury interferes with their ability to perform the duties outlined in their job description, this would be considered an impairment.
Impairments aren’t always permanent, but they can be
Construction workers who are diagnosed with an impairment, whether it is permanent or temporary, will be assigned an impairment rating. An impairment rating is a percentage that is used to identify how severe a workers’ impairment is and “the degree to which the impairment decreases an individual’s ability to perform common Activities of Daily Living (ADL),” cites the U.S. Department of Labor Office of Workers’ Compensation Programs.
If a workers’ impairment mildly interferes with their ability to work, their impairment rating will likely be much lower than someone who is unable to return to work for a few weeks.
Impairment ratings may influence how much an injured worker can collect in indemnity benefits
In addition to recovering medical benefits, which helps injured workers seek the medical care they need to get better, many are also afforded indemnity benefits or wage replacement benefits. If a worker misses more than seven days of work due to the injuries they sustained in a work accident, they are entitled to collect wage replacement benefits from their employer’s workers’ compensation insurer.
Wage replacement benefits are calculated using the following:
- The year the injury occurred.
- A workers’ average weekly wage (AWW). The AWW is determined using the amounts the worker earned for the 13 weeks preceding their work accident.
- Whether the employee is able to return to work temporarily or if they cannot return at all.
- Their impairment rating.
In addition to using the factors listed above, the insurance company will also use the total number of benefit weeks to calculate how much an injured worker should receive in wage replacement benefits. The information below explains how this is determined.
- Two weeks of benefits are provided for each percent of impairment when it is between 1% and 10%.
- Three weeks of benefits are provided for each percent of impairment when it is between 11% and 15%.
- Four weeks of benefits are provided for each percent of impairment when it is between 16% and 20%.
- Six weeks of benefits are provided for each percent of impairment when it is 21% or higher.
[Source: Florida Division of Workers’ Compensation].
Collecting workers’ compensation benefits after a construction accident occurs
If a construction worker suffered an injury in Virginia Gardens, FL as a result of a work-related accident, they may be entitled to collect workers’ comp benefits. An individual can contact Mario Trespalacios P.A. to find out what benefits they are entitled to and even how much they should receive.
The Virginia Gardens, FL construction injury lawyers at Mario Trespalacios P.A. are aware of how important it is for injured workers to have access to workers’ comp benefits are prepared to help an individual recover all of those they are due.
Mario Trespalacios P.A. can be contacted at:
9495 SW 72 Street, Suite B-275
Miami, FL 33173
Phone: 305-261-5800
Website: www.mtpalegal.com
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